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B.m KXCEI.T Calke STRo^-G. 



Ks^5 



PATRIOTISM AND PIETY. 



THE 

SPEECHES 

OF HIS EXCELLENCY 
I 

Cx\LEB^TRONG, Esq. 

TO THE SENATE AND HOUSE OF REPRESENTATIVES 
Of THE COMMONWEALTH OF MASSACHUSETTS; 

WITH THEIR 

ANSWERS ; 

AND OTHER OFFICIAL PUBLICK PAPERS OF 

HIS EXCELLENCY, 

FROM 1800 TO 1807. 



• X 



IsLWBURYPORT, 
PRINTED BY EDMUND M. BLUNT. 



1806. 



TO SUBSCRIBERS and READERS^. 



JL ERHAPS an apology is due for the late date at which 
this work makes its appearance ; this is occasioned principally 
by a delay in the holders of gubsrriptioh papers to return them 
in suflkient iiUiiibers to warrant the publisher to proceed at the 
time first mentioned. In this state of things a considerable por- 
tion of the political year had elapsed, and it was generally be- 
lieved by all interested in the success of th€ publication, that 
the commencement of a new year in our State government 
would be the most favourable season for such a circulation of 
the woik, as might be adequate to the publick demand. Under 
this impression the work is now published. 

For the compiler of this volume to attempt to do justice 
to the character oi Caleb Strong would be vain. His speeches-, 
his writings, his conduct — all which have been witnessed by 
his felloAV- citizens of all descriptionsand parties for many years- 
speak his eulogium more powerfully than the most elaborate 
production of the panegyrist. His political, moral and religious 
sentiments, which appear in this volume, are so many evidences 
of the goodness of his heart and the soundness of his under- 
standing, and so many tacit pledges that the confidence of an 
honest people in such a man can never be betr?.3'ed. 

How faithfully he served his constituents, while he at dif- 
ferent times represented them m the legislature of his native 
State — in the conventions, which formed our present excellent 
State constitution — in the general convention, which proposed, 
and in the Stare convention, which ratified, our national con- 
stitution — which has been a bond of union and source of hap- 
piness unparalleled to these United States ; — and in the senate 
of the union — are known to all, who have been conve'rsant with 
publick men and measures for upwards of thirty years. 

With what modesty and dignity he discharged the duties 
©f his last and highest publick office, — to which this work has 
5ftore immediate reference, — ail are witnesses. — His caiidour. 



IV TO SUBSCRIBERS, 4-4'. 

and urbanity toward political opponents— his integrity and 
£rmness m pursuing the path of duty— his unaffected piety and 
patriotism in whatever concerned the religious, moral or polit- 
ical character and condition of the people, are not denied by 
enemies.— His treatment of calumnies, which were unceasincrly 
.spread among the people, has aflbrded proof of his uprightness 
to every reflecting and ingenuous mind. 

The last year of his political life has shewn his greatness 
of mind, perhaps beyond any former year. Surrounded by: 
pohtkal oppuu^nts, which constituted majorities in all the oth- 
er branches of the government, with v;iLich he was more imme- 
iliately connected, we saw him firm and unyieldirig, w];ere du- 
ty called,— amjable and conciliatory in points not'^essential ; — 
commanding the admiration and respect even of those, who 
Mngratefuliy and unblushingly were plotting his overthrow. 

The conduct of his political adversaries toward him, and 
the principles, on which they acted, may be sufficiently gather- 
ed from the report of the joint committee of the two houses 
relative to the election of governour in I8O6 | — the prominent 
^gure, which this report and the dignified protest of the minor- 
ity in the senate have m.ade in the annals of the commonwealth, 
have induced the compiler of this work to publish them entire! 
Of what enormities the men, who could prepare and adopt such 
a report, are not capable, it would be hazardous to say. The 
act speaks for itself. It would scarce be the part of real chari- 
ty to say, that the abettors of such principles were influenced 
by the most virtuous motives ; and truth foreids, that 
pincipks of common sense and common honest ij should be sacri- 
ficed to passion, prejudice or party ; and tliai charity , which ex- 
tends itself so far, as to grant, that errours and falsehoods,, 
which a child might detect, flow from the undepraved hearts 
of virtuous and enlightened statesmen, is not real hut fake. 
The love op truth is real charity ;—That charity, 
uhich is consistent with love oftruth.may be indulged to its great- 
est extent : but, when in compdition with this principle, charity 
mid confidence cease to be virtues. 

The man, who has thus faithfully served his country, in 
times of prosperity and adversity,— who has at all times man- 
ifested himself a friend to her best interests and real happiness — 
who has done so much for the procuring and maintaining of her 
jadependeDce and konour,— who, jn the darkest houis of her- 



to SUBSCRIBERS' v 

adversity, never forsook her, — and in the brightest seasons of 
her prosperity, never looked for self elevation at her expense — 
is now by an ungrateful and undeserving people driven into re-- 
tirement ; — where he experiences 

" What notKing earthly ^es or can destroy, 
" The soul's calm sunshine and the heartfelt joy." 

May his retirement be as grateful to himself, as his publick 
life has been useful to his country; and, at some far distant pe- 
riod, may he be transported to that world, '' where the wicked 
feaee from troubling, and where the weary are at rest,'* 



A g: 



DEDICATION, 

TO POSTERITY. 
S-uccEssons, 



SUCH is your present seclusion from the world, tfeat we 
are sensible of the difficulty of obtaining your explicit assent to 
u dedication of this book to you ; yet your silence on the sub- 
ject warrants us to presume, that your modesty can have no 
serious objections to such a dedication. 

Under the^e impressions, this work is committed to your 
care. Those of you, who read it vvith attention, we doubt not, 
will do justice to the memory of the illustrious MAif, 
whose real patriotism is so discoverable in every page. 

We make this dedication with a humble kope, that you, 
being at a distance from the present scenes of publick life, will 
be able to take a more impartial view of this part of .our histo- 
ry, than we can do, who are on the spot. 

We most frankly acknowledge to you^ that, so freely have 
•we of this generation, imbibed of the poisonous cup oi parfi/ 
$pi?it, we are scarce able to take a 600€r view of the contents cf 
this volume ; indeed some among us are bo perfectly intoxicated 
with the mme spirit, that they will not even open it ; and, hop- 
ing that, at least in this respect^ ye'j will be more free from this 
ipirit than we are ', and sensible, that you will do more justice 
to its principles than they have received from their more imme- 
diate neighbours, and that all of you, who read this volume, 
will pay that tribute of respect and veneration to the memory 
OF A GREAT AND GOOD MAN, which wc have ungratefully - 
withholden from the man HiMSfii.r^— we commit the work 
to .your putionaiie,. 



DEDICATION. ^ii 

But do not flatter yourselves (for we intend not to Hatte* 
you) that you will act with greater wisdom than we have dme, 
if you suffer yourselves to be drawn aside from your duly by 
the baleful influence of party. 

You will look with pleasure on the character and princi- 
ples of a GOOD CHIEF. MAGISTRATE, as they appear in these 
pages ; and will shrink with abhorrence from the conduct of 
people and legislator:-, who disregard or cry down such a man 
and such principles, and whose conduct is so flagrantly absurd 
as to adopt and defend such measures as appear in a Report 
contained in this volume ; yet you will run into errours equal- 
ly absurd f^rd dangerous, if you suffer yourselves to be deluded 
by prejudice, and refuse to be governed by moral principle and 
the fear of God, 

That you may bs cffiectually warned by the faults and fol- 
lies as well as by the virtue and wisdom of us your progenitors, 
and may enjoy the blessings of liberty and good government to- 
the late«-t age, is, or ought to be, the fervent prayer of gjl 

THE PEOPLE OF imS; 



SITBSCRIBERS' NAMES. 



_^BBOT James, BilleriCa. 
Adams Samuel, Bath. 
Allen William, Bath. 
Allen Ephraim, W. Newburyport. 
Andrews William, F. Ips'^icli. 
Appleton Samuel, Ipswich. 
Appleton Oliver, Ipswich, 2, 
Andrew Israel, Danvers. 
Asbton Jacob, Salem. 
Ashton William, Salem. 



B 



Bailey Nathaniel, Rowley. 

Baker Asa, Ipswich. 

Baker John, jr. Ipswich. 

Barret I'hornton, Bath. 

Bartlet Richard, jr. Newburyport 

Bartol Barnabas, Freeport. 

Bartol George, Freeport. 

Bascora ^'^Joses, Gill. 

Beard Daniel, Billerica. 

Billings Elisha, Conway* 
Bishop Enos, Fseeport, 
Blasland Wiiham, S. Bath. 
Boardman John, H, Ipswich, 
Bowers Benjamin, Billerica. 
Bradley Samuel, Fryeburg. 
Brewster Oliver, Becket, 
Brewster Jasper, Washington, 
Brewster Moses, Worthhigton. 
Brigham Elijah, jr. Westborough. 
Brown Moses, Newburyport, 6. 
Brown Tristram, Ipswich. 
Brown Arama, Ipswich. 
Buckminster Jos. Portsmouth, N. H. 
Burnham Obed, Topsham. 
Burnham Daniel, Newburyport, ^, 
Burnham T'loraas, Ipswich, 3 
JBurnham Aaroii; Ipswich, 



Burnham Benjamin, Ipswich. 
Burnham Benjamin, jr. Ipswich, 
Burr Israel, Worthington. 
Barr James, jr. Salem. 
Beckford Ebenezer, H. Salem, 
Beckford Ebenezer, H. Salera. 
Bowditch Nathaniel, Salera. 



Cook Robert, Salem. 

Cross John, Danvers. 

Gushing & Appleton, Salem S, 

Cleaveland A. B. Salem. 

Caldwell Ebenezer, Ipswich, 

Caldwell Francis, Ipswich. 

Cannon Josiah, W. Gill. 

Carieton Daniel, Bradford. 

Carleton Lemuel, Woolwich. 

Carter Benjaraiti^ Balh. 

Carter Nathaniel, Newburyporti 

Carter Thomas Newburyport. 

Chamberlain Elijah, Billerica* 

Chase Stephen, Bridgeton. 

Cheever Abner, Lynn. 

Childs Araariah, Lynn. 

Choate Stephen, Ipswich, S^ 

Choate John Ipswich, 2. 

Choate George, Ipswich. 
Choate David, Ipswich. 
Choate Nathan, Ipswich* 
Choate Joseph, Ipswich. 
Choate John P. Ipswich. 
Clap Ebenezer, Bath. 
Clap Charles, WorthingtOi>, 
Clapp Charles, Bath, 
Clark Solomon, jr..PittsfieId, 
Cleaveland Neveans, Worthingtoa. 
Cobb Denny, M. Bath. 
Coffin Nathaniel, Bath. 
Coffin David, Newburyport, 2, 
Cogswell Jonathan, jr, Ipswich/ 



SUBSCRIBERS* NAMES. 



k"! 



Consnt Geor2:e, Becbet. 
Goonibs Isaac^ Brunswick. 
Crouibic Moses, Bnth. 
Crooker Isaiah, Batlu 
Crooker VViUiani, S. Bath. 
Crobby Josiah, jr. Bi.'lerica. 
Cuv.liing Martin, Bath. 
Cutler Joseph, Newbury port. 



Derhy John, Salem, 9. 
3)riiikviiter Aileu, N YarmoiUh. 
Dampney John, Lynn. 
l'»nna .'o'-epit, I,,=.*»i:!]. .?. 
Dana Daniel, Newbury port, 2. 
D;itiH Joseph, Newburyport. 
Dana Jiidah, Fryebnrg, 
Davenport Benjamin, Bath. 
Divis Samuel, Bath. 
33a vis I'aac, Durham. 
Delano Thomas, P. Woolwich. 
Delano Peleg, Woolwich. 
Dexter Jonathan, M. Billerica. 
Dilhngham Cornelius, Freeport. 
Donneil Benjamin, Bath. 
Donnell William, Bath. 
Duw Erl'.vard, Wesiborongh. 
Dow J. Lvnn. 
Drew William. C. Bath. 
Drnmiuond David, Bath. 
Dun! ip David, Bath. 
Dunaeis Amos, Ipswich, 
Duran Matthew, Durham. 

E i.stninn Philip, Fryeburg. 
Eliot Jolm, jr. 
Elliot Jonathan, Newbury. 
Emerson Abigail, York. 



Farley ^Michael, Ipswich. 
Farley John, jr. Ipswich. 
Farnliani Zebedr';h, Woolwich. 
Foster >'.ainuel H. Newburyport. 
Foster Benjamiu, Bath, 
Frye Simon, Fiyeburg. 
;S«]tou Robert, ,Georgstov;n, 



Fulton James, jr. Top?ham. 
Forrester Simon, Salem. 
Frost Natlian, H. Andover, 2. 



Gale Edmnnd, Salem. 
Gardner John, jr. Salem. 
Gardner Jonathan, Salem. 
Gould 'Jacob, Boxford. 
Grcenleaf James, Haverhill, 
Gage Peter, Bradrurd. 
Gage Thoma?, jr. Rowler. 
Gardner James, Lyur,. 
Gerrish George, jr. Durhati^, 
Gerry ti. l^rBath. 
Giddings Joshua, "^pswi.jJli 
Gilman Caleb, Baih. 
Giiman Islizubeth, York. 
Gi'iuoie David, Woolwich. 
Glea on Joues W. Lynn. 
Goodrich George, Gill. 
Gould Elijah, Gerry. 
Gove William, jr. Worlhingtbn<, 
Green P, H. Topsbam. 
Gic-cuword Andiew, Bath. 
Grianei Wise, Bath. 
GriiAold Oliver, Fryeburjj, . 

H 

Hail Elijah, Brunswick. 
Karaen Bic'i<-v(i, Wf<oi.vich, 
Harrington Nahuin, Westborougl? 
Hasey BenjajDin, Topshau), 5. 
Tlaskel] Solomon, Nevvhtirjport, * 
H-iske'i Duniel, Ipswich. 
iit;ard John, iDSv.ich 9. 
Kerrxk Joseph, ^Yort!iinglgn, 
Herrick Jacob, Durham. 
Hitcbings Asael, Lyan. 
Hithings Ezra, Lyniu 
Hitcbings Jrbez, Lynn. 
Hobart "Moses, L. Bath, 
Hob^on Kumfjhry,. jr. Rowley. 
nofio;k;n& Joseph, lp?wich. 
Hod.=don Japheth, Tops!iam. 
Hovey Aaron, Bath. 
Hooper Joseph, Newburyport, 
Howard Joseph, BiOvvj5ti«W,, 



SUBSCRIBERS' NAMES. 



Hulbert John, W. Pittsfield, 10. 
Hyiie Jonathan, Batli. 
Hyde Jol^a, A. Freeport. 4 
Hartshorn James, Readings 
Hodges Jonathan, Salem. 
Hodges John, Salera. 



IngersoU Jonathan, Salem, 2. 

J 

Jackson William, L3'nn. 
Jackson Thotuns.. Baih. 
Jaclcson John, Gill. 
James Daniel, Pittsfield. 
Jen'ks William, Baib. 
Jewctt Joslnia, J^owley, 
Johnson Enocli, L^'nn. 
Jones Enocli, Bath. 
Jones I'homas, Bath. 



K 



Kendall Ephrairo, Ipswich. 
Kendall Jonath.an, Ipswich. 
Kimb.JI Jame.«, Neuburyport, 10. 
Kimball Moses, jr. Newbnryport. 
Kimball James, Bv^dford. 
Kimbal! Benjamin, jr. Bradford, 
Kimball Edward, Bradford. 
Kiinhali Daniel, Bradford, 
Kimball Edmund, Nevvburyport. 
Kimbal! l.^avid, I. Ipswich, 2, 
Kimball John, jr. Ipswich. 
Kimball Josiah, Ipswich. 
Kimball Thomas, Bath. 
Kimball Joseph, Bath. 
King I. S, jr. Salem. 
Knowltoa Thomas, Ipswich. 



Lakeman Richard, jr. Ipswich, 2. 
Lambert Jonathan, Rowley. 
Lavrabee William, B. Bath. 
X#eraont Thomas, Bath. 
Leraont James, W. Bath, 
iibrary &»cial, Ipswich. 



Light Samuel, Bath, 

Lincoln Caieb, Bath, 

Lincoln John, Durham. 

Lincoln Isaac, Topsham. 

Lord Abraham, Ipswich, 2. 

Lord Nathaniel, Ipswich. 

Lord Isaac, Ipswich. 

Lord Joseph, Ipswich, 2. 

Lord Natht.niel, 3d. Ipswich, S* 

Lonng Jerora, Bath. 

Lorinc Labao, Bath. 

Low William, Bath. 

Low Elijah, Bath. 

Low Saimiei Brunswick* 

Lqvy John. Ba*h. 

Lowell John, Bsth. 

Lowell William, Bath. 

Luf kin William, Ipswich. 

Luf kin Joseph, jr. Freeport, 

Lummus William, Ipswich. 

Lunt Samuel, jr. York. 

Lymaa Isaac, York. 

Lyman Wiiliam, York. 

Lander Edward, Salem, 

Lyman Isaac, Portsmouth, N. If.. 

Lyman llieodorc, Boston, V. 

Lyman Timothy, York. 

m: 

M'Clure Thomas, Boston,. 
M'Kown Robert, Woolwich. 
M'Mtllan John, Fryeburg. 
Manning I-homas, Ipswich, S. 
Mansfield Samuel, 3d. Lynn. 
Marsh John, Bath. 
Marsh Caleb, Bath. 
Merrick Fordyce, Pittsfield, 
Merrill Abel, Topsham. 
Messenger Rosewell, York. 
JNlighill Thomas, Sd, Rowley. 
Mills Joseph, L. Beckct. 
Mitchell IMcholas L, Bath. 
Mitchell Joseph, Bath. 
Mitchell Charles, C. Bath. 
Millet Jesse Bath. 
Mollet William, To])shaitt., 
Moody Joshua, Bath. 
Moody .Tohn, M. Bath. 
Moody Samuel Bath. 



SUBSCRIBERS' NAMES. 



XI 



Morse John, Topsham. 
Mothervell Thomas, Woolwich. 
Motley Bichard, Bath. 
Moulton Joseph, Lynn. 
Muzzy Reuben, D. Ipswich. 

N 

Newell Joseph, Newbury, 2. 
Newhall Jacob, 2d, Lynn. 
Noyes Daniel, Ipswich, 3. 
Noyes Josiah, Bath. 
Nye Nathan, Freeport. 



O 



Oliver Pearce, Bath, 
Orr Benjamin, Topsham. 
Osborn Daniei, Jr. Danvers. 
Osgood Timothy, Frycburg, 
Osgood James, Fryeburg. 
Osgood Henry, Y. B. Fryeburg. 
Osgood Aaron, Durham. 
Owen David, Topsham. 



Page Wilson, Bath. 
Peabody John, Ne jvbury port. 
Peabody Ebenezer, Box ford. 
Pearl Suiieon, Boxford, 
Pearson Enoch, jr. Ipswich. 
Peirce Francis, Rowley. 
Peterson Levi, Bath. 
Phillips Timothy, Bradford. 
Phillips Benjamin, Lynn. 
Pike Richard Newbury. 
Pomeroy Jonathan, L. Worthington. 
Porier Samuel, Freeport. 
Potter Isaac, Ipswich. 
Pra}' Ebenezer, Bath. 
Preble Samuel, Woolwich. 
Proctor Sylvester, Danvers. 
Purinton Humphrey, Topsham. 
Putnam Henry, Brnnswick, 3. 
Parsojjs Oliver, Salem. 
Pickering John, jr. Salem. 
Pickman Benj. Salem. 
Pickraan Benj. jr. Salem, 2, 
Fisfce J, Salem, 



Pierce Nathan, Salem. 
Pomeroy Arad, Salem. 
Prince Caleb, Danvers. 
Proctor William^ Salem. 
Putnam Joshua, Reading. 
Pearson John, Newburyport^ 

R 

Raynes Joshua, Bath. 
Reed Benjamin, C. Danvers, 
Reed Andrew, Georgetown. 
Rhodes Amos, Lynn, 
Richards John, Durham. 
Richardson John, Bath. 
Riggs Benjamin, Bath. 
Ring John, Bath. 
Roberts Benjamin, Durham. 
RoL'ers Daniel, Ipswich. 
Rogers Samuel, Woolwich. 
Ross Daniel, Ipswich. 
Roulstone Michael, Boston. 



Seymour & Smith, Pittsfield, B. 
Shattuck Reuben, Gill. 
Shaw David, Bath. 
Shaw Joshua, Bath. 
SiiCd Zaccheus, Billerica. 
Shove Squires, Danvers. 
Smith Aaron, Ipswich. 
Smith Samuel, Ipswich 2. 
Saunders Thomas, Salem. 
Sanders Jonathan, P. Salem, 
Seccomb Joseph, Salem. 
Stocker Zaccheus N, .Salem, 
Stone Edward, Reading. 
Smith Zebuluii, Ipswich. 
Smiths N jr. Ipswich. 
Smith Samuel, vVoolwich. 
Sprague Joseph, Danvers. 
Sprague J. Topsham. 
Sprague Peleg, Bath. 
Stacy Gilbert, Gill. 
Stamford Johu, Bath. 
Stanwood Issac, Ipswich. 
Starkweather E. Worthington, J, 
Stickney Thomas, Rowley. 
StinsQ^ David, Batlt. 



>:ii 



SUBSCRIBERS' NAMES. 



Stinson John, Woolwich. 
Stockbridge C Bath. 
Stockbridge Joseph, Bath. 
Stockbiidce John, I3ath. 
Stoddard Abel, Durham. 
Story Joseph, Ipswich. 
Sv/eetser Ephraira, Lynn. 
SafFord Samuel, Ipswich. 
Sandford T. G. Topsham. 
Severnton John B. Bath. 
Sewal! David, York, 2. 
Sewail Dunimer, Bath. 



Tappan James, Gloucester. 
Tucker Ichabod, Salem. 
Taj lor Henry, Pittsfield. 
Thacher Thomas, C. Lynn. 
Tappan Jos. jr. Newburyport. 
Thurston Daniel, Ipswich. 
Tenney Samuel, Newburyport. 
Titcorab Samuel, Georgetowu, 
Tappan Josejih, Newbury. 
Todd Moses, Rowley. 
Todd Nelson, Rowley. 
Trott Thomas, Bath. 
Troti Samuel, Woolwich* 
Trott Joseph, O. Bath. 
Trufant Gilbert, Bath. 
Trufaut Seth, Bath. 
Tucker John, Bath. 
U 

-Upton John, jr. Danvers. 



W 

Wade Nathaniel, Ipswich, 2. 
Wade Thomas, Ipswich. 
Wade John, Ipswich. 
Wade Samuel, Ipswich. 
Ware Samuel, Conway. 
Warner William, Ipswich. 
Warren Asaph, Weslboroueh. 
Webb William, Bath. 
Webster Samuel, Bradford. 
V^'ebster Elijah, Danvers. 
While Charles, Newburyport 
Whiting Lemuel, Billerica. 
Whiting Phineas, Chelmsford. 
Willard H. Stockbridge. 
Willcomb William, Ipswich, 3. 
Williams John, Conway. 
Wilson Clark, Danvers. 
Wilson Williams, Topshara. 
Wilson Henry, Topsham. 
Winship Stephen, Bath. 
WiitThomay, Lynn. 
Wood Nathan; Billerica. 
Wood Lemuel, Boxford, 10. 
Wood bridge Jos. Stockbridge. 
Woodviard Samuel, Bowdomhan8„ 
Wormwood Jctham, Bath. 
Wyatt Benjamin, Newburyport. 
Wallis Robert, Salem. 
West Nathaniel, Scvlem, 4. 
Wilkins Jason, I3eveply. 
Williams Henry, DanVer.-?, 



[It is supposed tnat many more names me snhsmhedfor 
this work than are contained in the above lid. The compiler has 
heard of a number y which he has not been able to obtain in season. 
Jar inseriiur. here. The omisiion must of course be excused. Not 
knomng all the titles to he added to the names in ihi:, list, the 
compiler has nht noted any. It is also hoped, that, if any names 
have been omitted iu arranging this list alphabetically from the 
originals f 4uch omission mill he excused.] 



13 



SPEECH 

^■Belivered before ihc Legislature of Massachusetts, June 5, 1800, 

Gentlemen of the Senate, and 

Gcnthmen of the House of Representatives^ 



T. 



HE invitation of my fellow- citizens to the res-pecta- 
"ble office, which I have undertaken to execute, has excited in 
me sentiments of gratitude for the honour they have conferred 
upon me. At the same time it has given me anxiety, from an 
apprehension that I shall be unable to discharge the duiies of 
the office in a manner that will justify their confidence. But I 
flatter myself that their candour will incline them to judge fa- 
vourably of the motives of my conduct, even in cases where an 
error may be supposed. 

The occasion upon which we meet, naturally revives in 
our minds, the recollection of the severe losses we have lately 
suffered, in -the death of some of our most respectable and dis- 
tinguished fellow-citizens. 

In the course of the last year, this State has been deprived 
of its late excellent governour. He was eminently fitted for 
the oflfices which he had sustained, for he possessed those qua- 
lities that acquire universal respect. To a sound understand- 
ing and extensive political aiid legal knowledge, he united en- 
gaging manners and habitual goodness — benevolent, upright 
and unassuming, he was beloved as a man, and revered as a 
magistrate; and his memory is blessed. 

Since that event the whole nation has suffered the loss of 
the first and best of men. We are all witnesses of the unex- 
ampled mourning, with which the death of <jcn. Washing- 
ton is deplored. His patriotism and services endeared him to 
every friend of America, and his fame has spread through the 
world : But though the reputation he acquired from his great 
achievements and abilities, was a singular attainment, and 
may therefore damp the spirit of emulation, yet his integrity 
and purity of manners, his respect for the in-ititutions of reli- 
gion, and zeal for the public good, can be imitated by all.-— 
B 



14 
• • • • 

May the people of the United States eA'cr cherish the remtm- 
brance of his modest worrh, and form themselves after his ex- 
ample, of private and patriotic virtue : then they will be safe 
and happy, and will inherit the land forever. 

Within a few days, the people of this State have again 
been called to lament the death of a chief magistrate. The 
late lieutenant governour was an early and constant friend to 
the rights of his fello\v-citizens, and his faithful services secur- 
ed to him their attachment. He discharged with reputation 
the functions of his office, and, since the death of the governour, 
conducted the aflairsof the State with prudence and ability, 
and to the general satisfaction of the people. 

With these' subjects of mournful regret, the situation of 
public affairs will suggest considerations suited to excite our 
gratitude to the Supreme Being — that we enjoy the blessings of 
a free and undisturbed government — that the laws are respect- 
ed, andadministeied without opposition—and that, notwithstand- 
ing any diversity of political opinions, good will to each other 
so generally prevails among the citizens of this State. 

While a great part of Europe is involved in a most san- 
guinary and calamitous war, the people of this country are fa- 
vouied with internal peace, and are at liberty to make im- 
provements in agriculture, and advance towards perfection in 
the useful arts ; but as the nations with whom wc are most 
concerned in commerce, are parties in the war, the United 
States have not been able to maintain their neutral character, 
without experiencing frequent and vexatious interruptions to 
their trade, by infractions of the law of nations. — Of late these 
injuries have proceeded from a nation, for whom we had enter- 
tained the most friendly sentiments ; and though the executive 
,^uthority pursued the most conciliating methods to obtain re- 
dress, they were unsuccessful; not even defensive measures 
.were adopted, until as well the people as the government, were 
made to realize the truth of a maxim, which had been often 
.repeated by the late President — that, if we desire peace, it 
iliu«t be known, that wc are prepared for war. 

A review of the transactions that have taken place be- 
tween the United States and foreign nations, since the general 
government was established, must convince every unprejudiced 
mind, not only, that the executive authority has invariably and 



T5 
• • • • 

sint:crcly pursii'od a pacific policy, but that nmcn wisdom and 
prudence have been exercised in preserving traiiquiliity to (he 
people of these States. 

VVc are encouraged to hope, that the present negociation 
with the French government will put an end to the injuries we 
complain of; and that we shall not be compelled to relinquish 
the advantages of a neatral situation ; however it is our duty 
as citizens to adhere to the government instituted by ourselves, 
and for our own security -^ and to submit cheerfully to the cx- 
peiicies that have been incurred, under the laws of ihat govern- 
ment, in arming for our defence. If, as we ho])e, there will 
be no occasion in theissue to make use of arms, that result may 
be owing to our being possesw^d-of them. 

As I have had no share in the administration of the State 
govcrninent for several years, it will not be exj^ected that I shall 
attempt to point out particular subjects, that may require le- 
gislative interposition ; but in general the constitution has de- 
clared, in terms that can scarcely be too often repeated, that 
** it shall be the duty of legislatures and magistrates, in all 
periods of the commonwealth, to cherish the interests of lite- 
rature, and the sciences, and all seminaries of them; especi- 
ally the university at Cambridge ; public schools, and grammar 
schools in the towns; to encourage private societies and pub- 
lic institutionSj — rewards and immunities, for the promotion of 
agriculture, arts, sciences, commerce, trades, manufactures, and 
a natural history of the country ; to countenance and incul- 
cate the principles of humanit}^ and general benevolence, pub- 
lic and private charity, industry and frugality, honesty and 
punctuality in their dealings; sincerity, good humour and all 
social affections and generous sentiments among the people/' 

In the distribution of public employments, it is of impor- 
tance to tlie reputation and tranquillit); t»f the State, that ap- 
pointments sliould be made with impartiality, and with a due 
regard to superior talents and meritorious services. But as 
virtue and submission to the laws are essential to a republick, 
and form the only sure basis of its prosperity, these (jualifica- 
tions must, I think, be in a peculiar manner requisite in those, 
who are appointed to offices in such a government ; for a man, 
who is not under the influence of moral principles, can have no 
just claim to the public confidence. 



1-6 
• • • • 

There is perhaps no opinion,, whiclii lias more generally 
prevailed among civilized nations, than that religious princi- 
ples in the people are essi.ential to. moralit}^, and a principal 
support ol lawful government; and thatthe obligation topiety is 
imposed on man by his natur?». If,. lately,. opinions opposite to 
these are ])atronized, and revealed religion,, in particular, is re- 
presented as unfriendly to individual or social happiness, it be- 
comes those who believe tlie truth of Christianity, to endeavour to 
prevent the progress of these doctrines of unbelief by every mild 
and prudent method ;. by promoting institutions for the general 
ditfusTon ofi knowledge ; by excluding vicious and profligate 
persons from the employment of. instructing youth ; by en- 
couraging and suppoiting public teachers of piety, religion and 
morality; and by exemplifying, in their own conduct, the ge- 
nuine cticcts of that religion, which they regard as the pui'Cbt 
source of human felicity. 

Permit me, gentlemen, to assure you, that I shall be so- 
licitous to fulfil the expectati(jns, which my fellow-citizens 
have a right to form, of my zeal for their service; and that. I 
shall cheerfully concur with you, in any measures, that may 
be calculated to secure to them the benefits of a mild and just 
government. And may the Almighty succeed our mutual en- 
deavour, to render the people of this commonwealth pros- 
perous and happy. 

CALEB STRONG« 



ANSWER OF THE SENATE. 



May it' please i^ur Excellency , 

THE senate, with particular and sincere satisfaction, of- 
fer you their congratulations upon your election to the chief 
magistracy of the commonwealth. Your fellow-citizen^, by 
iheir free and uninfluenced, suffrages, have called you to pre- 
side in their councils, and constituted you their political father,. 



17 
• • • • 

We ifjoice, in common with the friends of virtue, patriotism 
and religion, in this distinguished mark of their affection and 
couliiience; and we indulge the pleasing expectation and be- 
lief, that your administration will be guided by that spirit of 
mildness, and that unshaken attachment to the government and 
its laws, which, during a long scries of public services, you"i"iavc 
so eminently manifested. 

The loss, which our country has lately sustained, by the 
death of some of its most worthy aud beloved citizens, is a sub- 
ject of mournful regret, and affords a solemn lesson to those 
V'ho are called to succeed them in places of honour and prefer- 
ment. And we trust that its instructive and afl'ecting influ- 
ence will have a tendency to double their zeal in the cause of 
virtue and their country. The removal of the late governour 
Sumner by death was indeed an aftiicting event. Amiable 
and exemplary in private life; punctual, intelligent, vigilant, 
and patriotic in his public functions, he would long have conti- 
aued the friend, the ornament, and the pride of his fellow-citi- 
zens, if their affections and prayers could have prolonged his 
useful and valuable life. 

America has lost in Gen. Washington her first and 
best friend ; and the woild, a disinterested and an enlightened 
benefactor! That such a man, under Providence, was the 
founder of our government, and the able and faithful guardian 
of its rights ; .tkat he conducted its armies to victory, and its 
citizens to independence and happiness ; that he stood firm and 
Tincorrupted at the hebu of th2 nation, amidst the storms of 
party, and- the dangerous and uncertain operation of systems of 
esperirnent ; that he triumphed over vice, anarchy and the 
enemies of public order ; that he has transmitted to posterity 
a, new and great example of private and patriotic virtue, and 
therein an inheritance, which, if rightly improved, will extend 
its happy influence to remotest posterity ; and that he closed 
the career of a life devoted to his country and the good of. 
mankind, with the hopes and joys of a philosopher and a chris- 
tian ; — are considerations which ought, amidst the universal sor- 
row for his joss, to create in the breast of every American, not 
only the highest gratitude, but an unalterable attachment t« 
his country's welfare. 

B ^: 



18 
• • • • 

We realize, with your excellency, and our fellow-citizens^- 
at large, the loss sustained by the death of the late lieutenant 
governour. The early friends of American freedom will long 
remember, with gratitude, his zeal and faithfulness in her cause. 
His reward has been the unequivocal testimony of the esteem 
of his fellow citizens, by their repeated and unanimous elections 
to the Second office in their gift. 

Wiiatever may be the event of our negociations with the 
French government, it will be a source of satisfaction to the 
people of the United States, that every measure has been a- 
dopted^ which wisdom and prudence could dictate, to recon- 
cile t^u-r differences in an amicable manner. Having been pa- 
tient under multiplied and aggravated encroachments upon our 
rights as a neutral nation, we have the fullest confidence, that 
the independent and enlightened citizens of America will cheer- 
fully submit to every measure and duty, which the safety and . 
Jionouf of their country may demand. We cordially unite with 
your ex<:ellency,. in opinion, that the restoration of harmony 
will greatly depend upon our preparations for defence. And, 
when the faithful pen of history shal ]record our sincere and 
ardent desires for reconciliation and peace, may it also record 
the grateful acknowledgments of Americans, to the Author of: 
every '* good and perfect gift,^* for the blessings of the best go- 
vernment ?)y which society has ever been united. 

The senate receive and reciprocate, with great satisfac- 
tion and sincerity, your excellency V sentiments upon the sub- 
ject of morality and religion. 

Gur ancestors early recognized the great and important- 
truth, that religion- and good government rfre intimately con- 
necter}, and must stand or fall together. 

If the people of New* Engiand have experienced great" 
prosperity,. or manifested an attachment to the interests of 
science, beyond any former example, it is evidently (he salutary 
result of those institutions of religion and learning, which were a- 
mong the first works of their pious and patriotic founders. We 
lament, with deep regret, the disposition of any of our citizens, , 
to depart from the ancient manner*i and habits of our country. 
In a government like ours, which can bp'. supported only by 
the virtue and the intelligence of the people, its foundation is 
•sscutially undermined and endangeifCd, by a propensity to iia-> 



• • • • ' 

novation an4 licentiousness. We shall consider it among the' 
first duties of the legislature to endeatour, by every rational and 
constitutional method, to checic its alarming pro<^ress ; and we • 
feel a sincere and unfeigned gratification, that the principles 
and example of your excellency, will not only have a tenden- 
cy to support and encourage the friends of religion, but also to 
reclaim its deluded enemies. 

The good effects of our ancient religious institutions have 
been so long and so amply experienced, that we ardently hope 
the legislature will consider their support and encouragenienJE 
among the first objects of its care; and that the people at 
large will be enabled to form a just estimate of their nature 
and excellence. 

Your excellency will be pleased to accept the assurances 
of the senate, of their cordial wishes for the success of your 
administration ; and vve join with you in the solemn supplica- 
tion, that the '* Almighty may succeed our mutual endeavours 
to render the people of the commonwealth prosperous and 
laippj." 



ANSWER OF THE HOUSE OF REPRESENTATIVESi 



May it please your Excellency^ 

THE invitation of the citizens of a State so large and re* 
spectable as that of Massachusetts, at a moment so interesting 
as the present, to fill the important office of its chief magistrate, 
as it evinces the public opinion of the virtues and talents of the 
man thus distinj^nished, must be highly gratifying to a patrio- 
tic mind. 

The integrity and ability with which you have perform* 
td the various duties of the hi<2h and important stations, in 
which you have been placed, leave us no room to doubt, that 
you will fill your present dignified office with reputation to 
yourself, and satisfaction to the comm'inity, nr.twiihstanding 
ihe apprehensions, which you have been plcafccd tu express.: — 



20 

Indeed our expectations are raised, from our past observatforr; 
that difiidence, virtue, and talents arc almost inseparable com- 
panions. 

It errours, from which no mortal is exempt, should elude 
your excellency's wisdom, you may place a just reliance on 
the candour and magnanimity of your fellow citizens. As the 
mistakes of virtue, they would obliterate them from their re- 
collection. 

The occasion unavoidably obtrudes upon our reflections 
the unexampled losses, we have lately sustained, by. the decease 
of some of our most respected fellow-citizens. By tlie death 
of our late excellent governour, this State was deprived of a 
man, who was greatly and deservedly esteemed in private, and 
highly respected in public life. Since which afflictive dispen- 
sation, the whole nation has been called to lament the loss of 
the illustrious Washington, the first and best of men ; and 
hovv-ever vain would be the attempt to rival his singular great- 
ness and attainments, yet his integrity, his purity, his vmaftect- 
ed piety, his respect for religious institutions, and his zeal for 
the public good, may, and ought to be imitated by all. 

We regret, with your excellency, the recent death of our 
chief magistrate, the lieutenant governour. An early, decid- 
ed, and tirm friend to the rights of his country, who long ex- 
perienced the confidence of his fellow-citizens, in various high, 
and distinguished offices in the commonwealth. 

Quitting these subjects of mournful regret, we ought to 
cherish the most fervent gratitude to the Supreme Being — that 
we enjoy the blessings of a free and undisturbed government ; 
that the laws are respected ; and that notwithstanding any di- 
vcr^ity of political opinion, internal tranquillity, domestic hap- 
piness, good humour and kind offices so generally prevail ft»- 
niong the citizens of this commonwealth. 

While carnage and desolation, with unusual fury, have laid 
waste some of the fairest portions of Europe, it has pleased Di- 
vine Providence to permit this country to progress in the culti- 
Tation of those useful arts, which enrich and ameliorate the 
condition of man. 

Invited by their resources, their extensive sea-coast and 
their characteristic enterprise, to embark largely in a com- 
ijpcrce reiidercd doubly profitable by their neutrality^ tlie \I- 



2T 

mted Siatfs have experienced frequent interruptions to their 
trade byainprovoked infractions of the law of nations. Within 
the last few years, these injuries have proceeded from a nation, 
far whom we had cherished the most friendly sentiments; and 
the mostconcilia.ing measures to obtain redress, which human 
wisdom could devise^ have been pursued without success. We 
did not even place ourselves in a posture of defence, until the 
roused feelings of the American people taught them a senti- 
ment which the late president had often and in vain addressed 
to their understandings, *' that, if we desire peace, it must be 
known that we are prepared for war." 

The history of our intercourse with foreign nations, will be 
the lasting record of the purity, the impartiality, the pacilic 
policy, the wisdom and the prudence of the executive authority 
of the United States. It must be satisfactory to know, that 
hopes are entertained, that the existii:^^ negociation with the 
French government will put an end to the fnj.uries we have so 
long and so justly complained of. Every enlightened friend to 
his country must ardently desire that we may not be compelled 
to renounce the advantages of our neutral situation. Iluvvever, 
the event is in the hand of God; and, let it terminate as it 
may, it is the duty of all good citizens to adhere to the go- 
vernment of their clioice, and to submit with cheerfulness to 
those expenses, which have been the price of their security. — 
If, in the issue of our controversy with France, we should not 
have occasion to resort to arras, it may be attributed, in a great 
measure, to the spirited preparations, which we had made for 
resistance. 

We agree with, your excellency, that the constitution 
has summarily pointed out the great duties of Legislatures and 
magistrates^ and if, in the discharge of our respective trusts, 
we adhere to the spirit, as well as the letter of that constitu- 
tion,, we may reasonably flatter ourselves, that " i)ublic and 
private charity, industry and frugality, honesty and punctuali- 
ty, sincerity, good humour, and all social affections and gene- 
rous sentiments," will prevail among the people. 

As the distribution of public employments depends, in a, 
great measure, upon the tirst executive nuigistrate,.we lelicitale.- 



' , 2^ 

©BTselves and our fellow citizens, upon the election of a man, 
who will, wirh the strictest impartiality, select and reward su- 
pcriour talents and meritorious services, when accompanied by 
a virtuous life,, and moral and religious principles. 

No opinion has been more prevalent anions?; civilized na- 
tions, and we believe none better founded, thaii that " religious 
principles in the people arejCssential to morality, and the sup- 
port of lawful government; and that the obligation to piety is 
imposed on man by his nature." U lately these opinions have 
been ridiculed, and demoralizing philosophers have patronized 
sentiments diametrically opposite; if the authei;iticity of re- 
vealed religion has been openly denied, and its doctrines repre- 
sented as unfriendly to social or individual happiness ;. if the 
Author of our holy religion has been vilified in some coun- 
tries, and man reduced to a level with the brute creation, by 
denying the immortality of the soul ; it becomes us, who have, 
so lately and so solemnly professed our belief of the truths of 
Christianity, to endeavour to prevent the progress of these prin- 
ciples of infidelity, by every mild and prudent measure; by- 
promoting the means of general knowledge and information ; 
by excluding vicious and profligate persons from the instruc- 
tion of youth ; by encouraging and supporting, honourably, pub^ 
lie teachers of religion and morality, and more especially, en^ 
forcing by example, the effects of that pure religion, which we 
regard as the surest source of human felicity. 

In your excellency's laudable, patiiotic and zealous ex* 
ertions for the public good, we place the lullest confidence ; 
and we doubt not your ready concurrence in every measure 
tending to secure to the people the benefits of a mild and just 
government ; and we must cordially join with your excellen- 
cy, in 'oupplicating the Almighty Ruler of nations to succeed 
our mutual endeavours to promote the peace, prosperity and 
happiness of this commonwealth. 



ts 



BY HIS EXCELLENCY CALEB STRONG, ESQUIRE, 

Governour of the Commonwealth of Massachusetts^, 

A PROCLAMATION 

FOR A DAY OF PUBLICK THAKKSCrlVIXG. 

IT being the duty of a people at all times to acknowledge 
the Providence of Almighty God, and to recollect his benefits 
with gratitude, especially in seasons of piiblick peace and pros- 
perity; and it having been the invariable usage of our pious 
ancestors, at the close of the year, to devote a day to the ser- 
vice and praise of that Great and Gracious Being, who is the 
object of all duty, and whose tender mercies are over all His 
workg ; — 

I have therefore thought fit, by and with the advice and 
consent of the council, to appoint Thursday, the twenty-se- 
venth day of November next, to be observed by the people of 
this commonuealth, as a day of public thanksgiving, — hereby 
calling upon ministers and people of every denomination to 
assemble on said day, that we may unitedly pay our grateful 
and afl'rctionate homage to the Author of all good, for His dis- 
tinguishing kindness to our forefathers, and to us ; in pro- 
viding them a refuge from oppression, and protecting them 
when surrounded with innumerable dangers ; in blessing them 
\vith civil liberty and the light and influence of the gospel, and 
disposing them to nurture their posterity in the love of learn- 
ing, virtue and rational freedom ; — in supporting ?;* through the 
difficulties ot the late revolution, and giving us wisdom to es- 
tablish constitutions favourable to liberty and happiness ; in 
prospering the administration of government, and preserving 
the important Yiie of the chief magistrate of the Union ; in ex- 
empting us, during the last year, from the calamities of war, 
■and from wasting sickness and every desolating judgment ; and 
in succeeding the labors of the husbandman, and crowning the 
year with its fruits ; and for that degree of protection and pros- 
perity which he has been pleated to afford to our commerce, 
navigation and fisheries : for the progress of literature and the 
useful arts ; for the numerous bounties of his Providence, and 



all that variety which sii.pports or delights our lives-; and espfr- 
^cially for the blessings of the gospel of His Son, who has brought 
life and immortality to light. 

And together with these grateful acknowledgments, that 
we humbly confess our unworthiness, and present our suppli- 
cations to the God of Mercy, to pardon our multiplied sins, 
and continue His protection and favor to the United States: 
to guide the national and state governments in ways of integ- 
rity and safety ; and preserve the people from faction and li- 
centiousness.; to smile upon our university, colleges and 
schools of learning; and prosper our agriculture, manufac- 
tuies and commerce ; to promote a spirit of industry, sobriety, 
and frugality, and the belief and practice of true religion, that 
we may have the blessedness of the nation whose God is the 
Lord, and rhe people whom he has chosen for his own inheri- 
tance ; I hat the world may become more worthy of happiness, 
by the prevalence of humanity and benevolent affections among 
all the inhabitants of the earth; that the peaceful kingdom of 
of the Redeemer may prevail universally, without Tivakhip or 
opposition ; and that there may be none to hurt or destroy. 

And I earnestly rcccnnmend to the people of this State, to 
abstain from all labour and recreation unsuitable to the solemn- 
ities of the said day. 

Given at the council chamber in Boston, this twen- 
ty-sixth day of Sc[^tember, in the year of our 
Lord, one thousand .eight hundred; and in the 
twenty-fifth year of the inde})enderiCe of the United 
States of A^nerica. 

CALEB STRONG. 

By His Excellency's comjnand^ mfli the ") 
advice and consent vf Council. 3 

JOHN AVERY, Secretary, 

^GOD save the Commonwealth of Massachusetts 



-• • • • 

SPEECH 

DELIVERED ]S'OVEi^IBP:R J 2, 1800, 

Oentlemcn of the Sei^ate^ and 

GeniUmen of the Ilouse of Represent at ixes, 

AS the welfare and prosperity of a nation essentialTy dc- 
|)end on the character of their magistrates, and the wisdom 
with which their government is administered ; the object of 
your present session must be highly interesting, not oiily to 
our constituents, but to the whole people of the United Slates, 

The time approaches, when, by their constitution and law, 
the election of their president and vice president must be com- 
pleted ^ and you aTe now assembled to take the measures that 
•are previously necessary, on the part of this commonwealth, to 
accomplish that important purpose. You will endeavour to se- 
lect those, who are to give the ultimate suffrages of the State, 
from the best informed citizens, and the friends of order and 
good government. May that wise and gracious Providence, 
which has hitherto guided and sustained the American people, 
preside in your deliberatians, and dire( t the result of them. 

Altbaugh I have the pleasure to observe that tranquillity 
geiRirally prevails through the commonwealth, yet it is my du- 
ty to state to you, that by letters and affidavits, which the se- 
cretary will lay beforcyou, it apj)earsthat,sinre the last session of 
the general court, a number of persons in the county of Hancock 
have, in a violent manner, obstiiictcd the business of surveying 
land in that county, by tiring upon and dangerously wounding 
a surveyor and chainman who were employed in that service. — 
'J'he necessity of suppressing dis(»rders ol such fatal tendency is 
obvious. Indeed the persons guilty of these outrages were 
C(»ncealed, or in disguise; but thry are supposed to have been 
actuated by a spirit of resistance to the law ; which would be 
increased and emboldened by an appearance of unconcerncd- 
ness on the part of the government to restrain or punish it. 

Fn^m the reports of several of the major-gererals, I am 
happy to be able to inform you that the militia of the com- 
monwealth are in a state of unusual improvement. A large 
C 



2S 

proportion of them are completely equipped and unilbrraed.,', 
and in the course of the late reviews their discipline and su- 
bordination reflected honor on the officers and soldiers, and en- 
titled them to peculiar commendation. With a militia thus 
trained, and animated with military ardor, through the Union, 
America will not hesitate to assert her national rights, nor be 
unable to defend them, when they are invaded. 

I presume you will not be willing to protract a session, at 
this unusual season of the year, by attending to business that 
may conveniently be postponed to the time, when you will meet 
for the ordinary purposes of legislation. 

CALEB STRONG. 



ANSWER OF THE SENATE. 



May it please yaur Excclkncj^f 

IT having been generally understood that the object of the 
legislature, in assembling at this season of the year, is the appoint- 
ment of electors of president and vice-president of the United 
States ; the senate do not contemplate engaging in any other busi- 
ness winch can conveniently be deferred to another session. And 
sincerely do we accord with you in the prayer thai our suf- 
frages may be bestowed on the friends of order and good go- 
vernment, and that the result may promote the best interests 
of our country. 

It is matter of regret, that any of our fellow-citizens 
should be so lost to a sense of their duty and interest, as to set 
the power of the government at defiance, and oppose their in- 
dividual strength to that of the community. So far as may de- 
pend on us, your excellency may be assured that proper 
HJeans will be adopted to suppress such pernicious evils. 

.VVe are gratified with the information which your excel- 
lency has communicated with respect to the improved state of 
our militia. We feel confident that so much dependence is to 
be placed on their diciplinc, courage and patriotism, that their 
country has more to fear from the arts than from the arms of 
her enemies. 



27 



ANSWER OF THE HOUSE. 



3Iay it please your Excellency, 

THE house of representatives concur with your excel- 
lency in the sentiment that the object of I heir present session 
is highly interesting, not only to our immediate constituents, 
but to the whole people of the United States since the welfare 
and prosperity of a nation essentially depend on the character 
ef their magistrates, and the wisdom with which their govern- 
ment is administered. Seriously impressed with this sentiment, 
it shall be our zealous endeavour to select those who are to give 
their suffrages in this state in the ensuing important election, 
from the best informed citizens, who have afforded proofs 
of their attachment to order and good government. And may 
that wise and gracious Providence, which has hitherto directed 
the councils, and prospered the exertions of the American 
people, overrule and direct our deliberations upon this occasi- 
on for the public good. 

While we learn, with satisfaction, that tranquiUity gener- 
ally prevails throughout the commonwealth, we receive with 
regret, the painful information, that in one county some mis- 
guided and deluded citizens have been guilty of violent infrac- 
tions of the peace of the commonwealth, and have manifested 
a spirit of resistance to the law. 

Your excellency, and the good citizens of the State, may 
be nssured that this house will co-operate in all proper mea- 
sures to detect and ])unish all such enormities already com- 
mitted, and to prevent, as far as possible, the commission of 
them in future : for they are fully convinced, with your excel- 
lency, that indifference on the part of the government will serve 
to embolden the offenders, and to invite, by a hope of impuni- 
ty, the repetition of similar outrages. 

'I'he unusually improved state of the militia, which your 
excellency has noticed, must be highly gratifying to every 
friend to the rights and dignity of our country ; for with a mi- 
litia thus traincdj and animated with patriotic and military ar- 



28 



clour, America will not hesitate to assert^, nor be unable to defend, 
her national rights, agyinst any invader. 

The important object of a national election having bcea 
the sole occasion of the present extraordinary session, a^id the 
habits and conveniences of the citizens requiring a meeting of 
the legislature at a later season, we shall endeavour to mjike 
the present session as short, and as liitle burdensome- to tiie 
people as possijble. 



SPEECH 

DELIVERED J^LNUARY 18, 1801.. 
G^nthmen of the Senate, and 

Gtntlemen of the House- of RepresentativeSt 

THE favoura.ble situation of our fellow-citizens and the apk- 
pearances of general and progressive improvement, which pre- 
sent themselves to our view in. the various parts of the com- 
monweal tb, afford us subjects of mutual congratulation. 

In the course of the last year, the seasons, through the 
greater part of our country^ ha^je been fruitful ;, our tra'^ie and 
fisheries were generally prosperous, and the people of this State 
have not again been visited with that alarming disease which 
has fatally prevailed in some parts of the United States. These, 
and many other providential blessings, will, on this occasion, 
occur to our remembrance, and demand the gratitude of our 
hicarts. 

But while we rejoice ia the public prosperity, it will be 
our duty to reflect, that Ave owe to our fellow citizens our vi- 
gilant and faithful endeavors to preserve their present advanta- 
ges, and promote their lasting reputation and interest:, to 
check the growth of vice and impiety ; to cherish the institutions 
for moral instruction an<l theeducation of youth ; and to raaiiir 
tain the principles of justice, and provide for its equal admin- 
istration in every part of the commonwealth. 

At the same time our obligations to support the federaj 
con'^.titution will require us to 'attend to the public nationai 



-29 
• • • • 

affairs, and endeavor to diffuse correct Information concerning 
them among our fellow-citizens; to remove groundless preju- 
dices ; to discountenance the spirit of party, and undue at- 
tachment to any foreign nation ^ and to do all in our power to 
increase thte respectability of the American character. 

From the commencement of rhe war in Europe, it has 
been the policy of the general government to cultivate peace 
with all nations ; to observe an exact neutrality between the 
powers at war ; and, by the fulfilment of treaties and respect 
for the law of nations, to maintain itself in that impartial course, 
which its duty and interest prescribed. But, notwithstanding 
these cautious measures, our intercourse with other nations 
has been obstructed ; and, to justify these obstructions, our 
respect for the duties, owing from one nation to another, has at 
different times been drawn into question by. one or other of the 
belligerent powers. - 

At length a regard to the public safety compelled the go- 
vernment tOr haTe recourse to defensive measures ; and the 
sirccess of ourinlant navy, in preventing depredations upon our 
commerce,, will serve to convince the people that a maritime 
defence will be the most easy and efficacious, whenever their 
rijihis shall be in danger from external enemies. 

The predicament of a neutral people is frequently deli- 
cate and hazardous ; for, when a war is prosecuted with great 
acrimony, the contending parties are extremely apt to consi- 
der those who are not for them, as against them. But, what- 
ever apology may be formed for wrongs that proceed from the 
heat of passion, there can be none for deliberate and authorized 
injuries: still,. however ,^ an honorable accommodation is always 
to be preferred to a state of hostility ; for a wise and humane go- 
vernment will never resort to the calamitous expedient of war, 
wntil every advance towards a reconciliation, which the nation- 
al dignity will permit, has proved ineffectual. 

It must,; 1 think, be allowed, that the government of the 
United States, in the cases I allude to, has conducted with 
moderation, and with a manifest preference of mild and pacific 
measures. While preparations were made for the unhappy al- 
ternative of war, no method, consistent with the public safety, 
was left unattempted, to obtain justice bv negociation, 
C 2 



30 
• • • • 

Before the constitutian of the United States was adopted^, 
the union between them had become little more than nominal ';. 
they had interfering interests, and, in some cases, were hardly 
restrained from expressions of mutual resentment. The" Coii-«- 
gress at that time was only authorized to make requisitions up- 
on the several States,, and the latter exercised the privilege of 
refusing to comply with those requisitions^ If this state of 
things had continued during the disturbances in Europe, it is 
scarcely to be supposed that all the States would have remain- 
ed neutral ; it is not unlikely, that, from accident or motives of 
partiality or mistakeuinterestv they would have arranged them* 
selves under opposite standards. The possibility of such an e- 
vent must, in our estimation, enhance the value of that form 
of government which has connected us -together. 

But it has been often said, that,, however well adapted tlift 
-^constitution was to our circumstances, the administration of 
government under it has been injurious to the public welfare, 
and has abounded with errors either from ignorance or design. 
If the present improved condition of our country, do not re- 
fute these suggestions, it migiit be unav<iiling to point out par"- 
ticular measures, that would seem to entitle the rulei-s of the 
nation to our regard and confidence. 

The peeple of this State, however, wiH recollect, that, 
when the constitution was formed, they were oppressed with 
an almost insupportable weight of taxes, and that with all their 
exertions it was difFicult far them to pay the interest of the 
^U\\e debt. By the settlement of the public accounts, and the 
:^6iimption. ©f the balance due to us by the national govern- 
Tnent, we are relieved from, the burden ; and you will find by 
a statement of the treasurer, which will be laid before you, - 
that: our present debt may. soon be cancelled, if measures for 
tliat purpose sliould be preferred to the payment of the rate of 
interest- which the public creditors arc'Cntitled to ; and that no 
unusual taxes will be necessary. 

A' report of the Quarter- Master-Genera I, w-hich will also 
be laid before you,, will shew, that the State has a large sup- 
ply of military stores and warlike implements, which maybe 
vised, if there shall be occasion, by our well organized militia: 
for the public defence. You will, direct such measures to 



• • • • 

be taken for securing the exposed tproperty mentioned in tin 
report, as the interest of the commonwealth may require. 

That the laws may be'du4y executed, permit me to su*"- - 
gest the expediency of making some additional provision for 
suppressing lotteries, which are not established or allowed b;^ 
the Legislature,, The importance too of our Inspection- Laws 
will require the most effectual methods to prevent or punish a 
violation of them* Perhaps it will be found necessary in botb 
cases to authorize prosecutions by a grand jury. 

Our constituents now enjoy peace and tranquillity, and 
are protected by standing laws, which 4ire designed to secure 
them in -the enjoyment of the fruits of their labour, against 
every species of injustice or oppression. Whatever more can 
be done to meliorate their condition, or increase their security, 
you, Gentlemen will now at-tempt to do. 

The success of your labours will very much depend upon* 
your influence and example, in promoting good order among 
the people, and producing a compliance with the regulations 
you may think proper to' adopt. The most excellent laws will 
be of no use, if they are not observed ; and they will not be 
observed by the people, unless, they are respected by those w ho 
make and execute them. 

I shall transmit to you, Gentlemen, by particular messa- 
ges, any information of icnportance which 1 may be able te 
communicate. 

From the good agreement, which appeared in the former 
sessions, I have no donht, that youp deHbemtions at this time 
will be conducted with candor ; and, I trust, they will produce 
important benefits to our fellow- citizens. So far as my duty is 
concerned, you may be assured of all theeo-opeTation that can 
result from a zeal for the welfare of the commonwealth, and a 
disposition to promote harmony in the several branches of the 
gpv^rnraent, 

CALEB STRONG. 



5t 



ANSWER OF THE SENATE. 



May it please your Excellency i - 

THE senate of Massachusetts receive with great satisfac- 
tion your excellency's address to both houses of the legisla- 
ture. We consider it, as affording new proof, not only of the 
wisdom, but of the purity of intention, by which you are gov- 
erned. 

We have abundant cause of gratitude for the general 
health and uncommon prosperity enjoyed by our fellow-citi- 
zens throughout the commonweaUh. We shall cheerfully con- 
tribute ourvigilant and faithful endeavours, to preserve their 
present advantages, and promote their lasting reputation and 
interest ; to check the alarming growth of vice and impiety ; 
to cherish the institutions for moral instruction, and the edu- 
cation of youth ; and to maintain the principles of justice, and. 
provide for its equal administration in every part of the com- 
monwealth. 

As the happi*iess of the great body of the people of the 
United States is inseparably connected with the welf&re and 
prosperity of the community, it needs only that they be cor- 
rectly informed, to remove groundless prejudices, and to ex- 
tinguish the spirit of party and undue attachment to any fo- 
reign country; and to induce a consistency and uniformity of 
national character. 

The conduct of the United States towards the nations of 
Europe has been uniformly marked with rectitude and mode- 
ration. And the wisdom of those measures of maritime de- 
fence, which the injustice and jealousy of the contending na- 
tions have compelled us to resort to, is verified in their effects; 
which have not only justified the expectations of the most san- 
guinoj but must also have created a general confidence in the 
system, which has been so happily successful. 

We have equal cause of mutual felicitation for the securi- 
ty which the federal government has hitherto afforded to our; 
internal tranquillity ; a blessing, which, had the old confedera- 



S5 

• • • • 

tjotr continued, we- could hardly have hoped for at thh event* 
fui crisis. 

And, as we still have a confidence in the holy oracles of 
our religion, and therefore believe tliat a tree wiay be known by 
its fruit, so we think that no honest man can pronounce that form 
of government to be bad, or that administration wicked or cor- 
rupt, which, under Heaven, has advanced our nation to a de- 
gree of prosperity^ to which there is no parallel in the history 
of mankind. 

We learn, with great satisfaction, the prosperous state of 
the finances of this comn^onwealth, and that our publick debt 
may soon be cancelled, without imposing any unusual burdens 
on our constituents. This desirable state of things is undoubt- 
edly to be considered as one of the happy consequences of a- 
dopting the federal constitution; without which our State go- 
vernment would have been unable to satisfy the just claims of 
their creditors, but by resorting to modes of taxation much 
more inconvenient than any which the general government have 
hitherto found necessary. 

The several matters of local concern, which your excel- 
lency has suggested, shall receive our prompt and serious at- 
tention. Impressed, as we are, with a full belief, that the force 
of example contributes in an eminent degree,, to the eHficacy of 
the wisest laws, we not only consider it our duty lo attempt to 
provide such additional regulations, as may be necessary to. se- 
cure our constituents in the enjoyment of the fruits of their 
labour against every species of injustice or oppression, but by 
our personal obedience and respect for the laws of our country, 
to allure our feltow-ci.tizens to. yield them a voluQtary support,. 



34-^ 



ANSWER GF THE HOUSET 



May it please your Excellency, 

THE house of representatives present their thanks to 
your excellency, for the important communications you have 
bfeen pleased to make in your address to the two branches of 
the legislature. 

The general scene of prosperity and progressive improve- 
mant, exhibited to our view, in the various parts of the com- 
monwealth do, indeed, afford just cause of satisfaction and mu- 
tual congratulation. 

The.fruitfulness of the seasons, thesuccess of our fisheries 
and commerce, together with the general state of health, and 
many other blessings of an all bountiful Providence, during the 
last year, ought to excite our gratitude ; which will be much en- 
hanced by a contrast of our situation with that of a great part of 
Europe ; where the horrors of war have seemed to threaten the 
extinguishment of individual and social happiness. 

Rejoicing, as w« do, in this state of publick felicity, we 
shall at the same time faithfully endeavour to secure and per- 
]jetuate the interests and reputation of our constituents ; to • 
check, to the utmost of our power, the growth of vice and im- 
piety ; to cherish the institutions for moral instruction and the 
education of youth ; to maintain the principles of justice, and 
provide for its equal administration in every part of the com- 
monwealth.- For we believe that religion and virtue, justice 
and general information, are the only securities of a tree go- 
vernmient. 

We cordially unite with your excellency in sentiment, 
that our obligations to support the federal constitution require 
us to attend to national affairs; to endeavour to diffuse correct 
information concerning them among our fellow- citizens ; to 
remove groundless prejudices, and discountenance the spirit of 
party, and an undue attachment to any foreign nation ; and to 
do all in our power to increase the respectability of the Ame- 
rican character* 



35 
• • • • 

The comraencejnfint of the maritime war in Europe was 
distinguished by the policy and wisdom of the general govern- 
ment. Deciding at once upon an exact and impartial neutrar 
lity, it had just cause to expect to preserve our rights unmo- 
lested, by its religious fullilment of treaties, and its sacred re- 
gard to the laws of nations. But the jealousy of the belligerent 
powers soon led them to obstruct our commerce; which they 
justified on such pretexts as constrained the government to 
have recourse to our own exertions for that security, which it in 
vain expected from their justice. Accordingly a naval force 
was created, the services of which have restrained depredations, 
and opened to view resources for a day of still greater trial. 

We entirely agree wnth you, Sir, that delicate and haz- 
ardous is the predicament of a neutral nation. Such a posi- 
tion cannot generally be long maintained unless by a respecta- 
ble armed, force. VVith such a force at its command, a neutral 
nation may most commonly have its reasonable complaints re- 
dressed, without being com})elled to the exercise of its energy. 

As we are of opinion that the general government, in our 
foreign relations, has uniformly acted with moderation, impar- 
tiality and wisdom, so we conceive, that we should, on this oc- 
casion, neglect our public duty, were we not to express our full 
approbation of its measures. 

Ail, who shall recollect the languor and difficulties which 
pervaded our internal public atfairs in the period which suc- 
ceeded our revolutionary war, and which continued until the 
establishment of the federal government, will be convinced, that 
We were then utterly unprepared to meet the great exigencies, 
which have since arisen. That the general government, in a 
crisis of the affairs of mankind, has hitherto, by the favour of 
Divine Providence, preserved the citizens of the United States 
from the unlimited evils of disunion and anarchy, will not be 
questioned by any candid person, who reflects on the circum- 
stances of the times. 

The objections, which the opponents of the administration 
have brought forward against it at various times, are amply 
refuted by the present highly improved condition of the Unitech 
States. 

But, through whatever medium the operations of the gen- 
eral government may be viewed by others, the house of re- 
presentatives freely give it as their opinion, that the first twelve 



36 
• • • • 
yc^rs of its a(Jministration, which have been directea in sneccs- 
5ion, by the virtues and talents of a Washington and an 
Adams, \vill forever form an honourable and brijliant part of 
the American history. That each succeeding year may equal 
or surpass the happiness of the former; may increase the affec- 
tion and consolidate the good understanding of the citizens of 
the respective States for each other j must be the devout wish 
of every sincere Amt^riran. 

The people of this State will recollect, that, when the fe- 
deral constitution was formed, they were oppressed with an al- 
most insupportable weight of taxes, from which they are re- 
lieved by a settlement of the public accounts, and the assump- 
tion of the Sta'e debts. - 

The information respecting the finances of the State is 
highly satisfactory ; and, when the treasurer shall exhibit a 
particular statement thereof, the subject shall receive the con- 
sideration its importance merits. 

The report of the Quartcr-Master-General shall also be 
duly noticed : and it affords this house great satisfaction to 
learn that our military stores are so abundant, that our well 
organized militia, whose dicipline reflects so much honour on 
the commonwealth, maj be fully supplied, in case the publick 
service should render it necessary. 

'ihe provisions for the suppression of lotteries not allow- 
ed or established by the legislature ; the inspection laws ; and 
the other subjects recommended in your excellency's commu- 
nication, will receive a respectful alteniion in the course of the 
present session ; which, we hope, will be conducted with that 
spirit of candour and harmony, which you have been pleased 
Xo observe, prevailed in the former sessions. 

We are happy in the reflection that the rights and liber- 
ties ot our fellow-citizens arc secured by wise standing laws ; 
should any measures occur which will tend to meliorate their 
Condition, or increase their security, we will cheerfully adopt 
them. But we are fully sensible, that the wisest and best laws 
will not be duly observed, unless they are enforced by the ex- 
ample of those who make and execute them. 

The active patriotism and love of order, which have dis- 
tinguished your Excellency's life, are sure pledges of your zea- 
Ic us disposition to co-operate in every measure calculated to 
promote the public welfare. 



37 



BY HIS EXCELLENCY CALEB STRONG, ESQUIRE, 

GoT€r?iour and Cojmnander in Chief in and oxtr the Commonwealth 

of Massachusetts. 

A PROCLAMATION, 

For a DAY of SOLEMN FASTING, HUMILIATION and PRAYER. 

OUR constant dependence upon the Supreme Being for 
all the blessings of life, and the ungrateful returns we have 
made to him for liis ijinumerable n.crcies, render it highly 
proper for us as a people, in conformity to liie example of our 
forefathers, to set apart a da}^ at the commencement of the 
labours of the season, to humb'e ourselves before him, f< r our 
manifold trangressions ; to implore his forgiveness and favour, 
and to beseech him to bless our substance, and prosper the 
work of our hands. 

I DO, therefore with the advice and consent of the 
council, appoint Thursday^ the ninth day of April next, to be 
observed as a day of humiliation, fasting and prayer, through- 
out this commonwealth. And I do recommend it to the people 
of every religious denomination, to assemble on the said day ; 
to confess thtir sins with sincere repentance ; — to ask the divine 
mercy and forgiveness ; and with fervent supplication to en- 
treat the Almsiihty Ruler of the world, that he would bless and 
prosper the United Stales, and ever secure them under his ho- 
ly protection. 

That the first magistrate, and the other rulers of our na- 
tion, may be wise and just men ; and that rising superior to 
})rivate inteiest, and the prejudice of part^^ they may dis- 
charge the duties of their respective offices witti fidelity to their 
constituents, and with justice and candour to other nations. 

That the inhabitants of thib State may ever be the objects 
of his peculiar favour, and practise the duties of their several, 
stations, by a continued course of probity and truth ; — that those 
who administer our State government, by the wisdom of their 
measures, and the regulaiity of their deportment, may secure 
respect for tl-eir persons and authority, and be a terror to evil- 
doers, and a praise and encouragement to the virtuous ; — that 
the miuistcra of religion may faithfully inculcate upon thcif 
D 



38 



• • • • 

people the various duties of life, and be examples to them in 
aJI the graces and virtues of the christian character ;— that mu- 
tual chanty may prevail among the difterent rehgious dehomi- 
nations, and that all may unite in the support of a gbvernmeut 
which affords them equal protection ;— that the people may re- 
gard their constitutions with veneration and love, and be pre- 
served from infidelity and dissoluteness of manners. 

And that he would be pleased to prevent the spreading of 
contagious and mortal sickness, and continue to us the enioy- 
Jiieut of health ; that he would bless the labours of the husband- 
man, and so order the ensuing seasons, that the earth may 
yield her increase, and the year be crowned with plenty ;--that 
he would prosper our commerce, navigation, manufactures and 
fisheries ;--that he would continue to succeed the means of e- 
ciucation, and cause them to be more extensively beneficial, ia 
promoting useful knowledge, and forming the rising generation 
to virtue and goodness. 

And that he would grant that the United States may ever 
be a seat of knowledge and liberty, and the residence of all 
those virtues that improve human nature, and support and 
adoru society ;- that the violent commotions in Europe may 
speedily tx^rminate in the establishment of peace and righteous- 
ness; that war may cease forever, and the progressiv^e influ- 
ence of the gospel produce a period of great and durable pros- 
penty m the earth, and that the savour of the knowledge of 
Christ may be made manifest in every place. 

And It is earnestly recommended to the people of this 
commonwealth to abstain from unnecessary labour and recre- 
ation on the said day. 

Given at the Council Chamber in Boston, this nine- 
teenth day of February, in the year of our Lord, 
one thousand eight hundied and one, and in the 
.twenty-fifth year of the independence of the United 
.States of America. 

CALEB STRONG. 



^y hu <ExceI/e7fc/s cotnmand, uifh the 7 
advice and coiuait of Council, \ 



JOHN AVERY, Secretary, 
GOD save the Commonweaith of Massachusetts. 



39' 
SPEECFI 

DELIVERED JANUARY 4, 1801. 

Gentlemen of the Senate, and 

Gentlemen of the Home of Represent atives^ 

WITH (liftidenec I have again undertaken the imprn'tant 
ofHce to v;hich the partial regard of the people has invited me. 
I feel a grateful sense^of this renewed testimony of their confi- 
dence, and hope that a fair examination of my public conduct 
will prove, that 1 have no other objects in view, than the peace 
and prosperity of the State. Whenever it shall be thought that 
another will more effectually promote these objects, I shall 
cheerfully return to a private station. In the mean time, my 
best endeavours will be continued to advance the reputation 
and welfare of my felk)w-cilizens j to preserve their privileges 
unimpaired, and to select those for dublic ollice, who ivre nw;st 
distinguished for abilities and integrity, by whatever name of 
political distinction they may be called. 

Although, in the choice of a president of the United States, 
the result has not corresponded with the wishes of many citizens 
of this commonwealth, yet they will reflect, that, in republicks, 
the opinion of the majority must prevail ; and that obedience 
to the la-ws, and respect for constitutional authority are essen- 
tial to the character of good citizens. We are encouraged to 
expect that the first magistrate will not depart from the es- 
sential principles of our government; and so long as his ad- 
ministration shall be guided by those principles, he will be en- 
titled to the confidence of the people, and their interest re» 
quires that he should possess it. But,, if it shall be thought 
hereafter^ that these anticipations are not realized, still a sense 
of decoru.-n and regard to j,ustice and the public welfare, should 
exclude asperity and false colouring from every discussion of 
publick measures ; for the morals and liberties of the people will 
be in danger, if the free presses in the United States are dis- 
gracefully prostituted to faction and falshood. 

The defence of our country is confided, by the constitu- 
tion, to the general government ; but, as the chief reliance is 
placed upon. a well disciplmed militia; and, as the appointment 



40 

of tlie officers and the aiithoritj of training the militia are re- 
served to the several States, the frequent attention of the le- 
gislature to these circumstances will be necessary to the public 
safety. 

Among the vj^rious subjects of State legislation, there is 
none more important to the preservation of our free govern- 
ment, or more interesting to the happiness of society, than the 
instruction of the people, and particularly the education of 
youth. It is not enough to teach children to read and write, 
and understand the first rules of arithmetick ; it is also of im- 
portance to habituate them to restraint; to form their temper 
and manners by the principles of benevolence and justice, and 
to awaken the useful energies of their under!>tandings, and che- 
rish the virtuous propensities of their hearts. A bad temper is 
often made a good one by education; and the difference we 
observe in the characters of men, is, in a great measure, owing 
to the different impressions they received from the examples 
«nd precepts of their instructors. In the presence of those 
who are respectable, they are accustomed to control their pas- 
sions, and learn the important lesson of self command, With 
wich an education they seldom fail to make useful and quiet 
members of society ; but those, who are idle and unrestrained 
in earJy life, will be ready afterwards to oppose lawful govern- 
ment, and disturb the public peace. Moral qualifications are 
of the first importance in the office of instructors ; their virtues 
should serve for models in the conduct of life. If they are 
chargeable with vice or impiety, no attainments in knowiedge 
can compensate for the contagion of their bad example. 

The celebrated legislators of antiquity considered the edu- 
cation of children as the most essntial duty, and the most im- 
portant exercise of government ; it was regulated by the autho- 
rity of the magistrates, and upon principles of the public good. 
Their institutions were calculated to inspire the youth with re- 
spect for the laws and love to their country ; to form them ta 
habits of temperance and truth, and teach them to honour 
their superiors and venerate old age. Our ancestors were 
impressed with the importance of this subject; and manifested 
an earnest solicitude, that their children might be educated in 
literature and religious and mr»val ])rinciplet. The university 
in the neighbourhood is an evidence of this. Soon after th« 



41 
• • • • 

settlement of the country, they provided for the establishment 
of schools for the children of the poor as well as the rich ; and, 
if parents neglected to leach their children to read, find to bring 
them up in some honest employment, the selectmen, with the 
assistance of two magistrates, were authorised to take such chil- 
dren from them, and place them with masters, to be strictly 
attended to* The whole influence of education is necessary in 
republican governments ; they depend, for their support, upon 
the enlightened and affectionate attachment of the people ; and 
there is no ground to expect they will be preserved, unless the 
youth are trained to knowledge and virtue, and taught, by ex- 
ample and education, to submit their own to the public will. 
Our constitutions have liberty for their vital principle; but 
this liberty is reasonable, and subordinate to the laws; and, 
whenever it shall become superior to law, it will degenerate 
to licentiousness, and be lost. 

The care, which is now employed in the instruction of 
youth, must give pleasure to every friend of the State ; and, if 
the failures of education are owing, not to the wajit of legal 
provision, but to the inattention of the people, the influence of 
the individual members of the legislature may go far to remedy 
the defects. 

As a part of this subject, permit me to suggest, that the 
institutions of the sabbath and of public worship, were regard- 
ed by oxn' ancestors with peculiar devotion ; and that our 
State constitution recommends the support of them, while, at 
the same rime, it carefully guards against a violation of the 
right of conscience. 

It will be acknowledged by every one, that public wor- 
ship is useful, as a school of good manners, and of decent and 
orderly deportment. But, as religion is the only sure founda- 
t-ion of human virtue, the prosperity of the State must be es- 
sentially promoted, by a due observance of the Sabbath, and 
by the meeting together of the citizens to learn the duties of 
moral obligation, and contemplate the wisdom and goodness 
y/iih. which the Almighty governs the world.. In such assem- 
blies they can hardly fail to receive useful information in the 
conduct of life, and impressions of reverence for the Deity, 
which will never be totally effaced. Even the instructions, 
D 2 



42 
• • • • 

that produce no apparent effect at the time, may so far gain a 
place in the memory, as readily to revive in it, when occasion 
calls for them. It is the nature of vice to dissolve society ; but 
these institutions tend to uphold it, in a condition, favourable 
to order and virtue; by preserving them, therefore, we shall 
preserve the virtue, and secure the happiness of the people. 

If any of the lovrns or plantations, which have been lately 
settled in the commonwealth, are unable to provide the means 
of instruction and education at their own expense, will it not 
be expedient for the public to afford them assistance, that no 
children may grow up in the State without instruction ? 

I will detain you no longer, gentlemen, than to observe,, 
that I know of nothing, except the usual business of the gene- 
ral court, which now calls for your attention ; and that I shall: 
readily agree to any measures conducive to the public good^ 
■which ^ou may think proper to propose. 

CALEB STRONG. 



ANSWER OF THE SENATE. 



Ma^ it please your Excellency, . 

THE senate beg leave to express to you their smcere con- 
gratulations on your re-election to the chief magistracy of the 
commonwealth. Not doubting the purity of the motives which. 
Have ever guided your political conduct; — fully believing that 
your administration has been uniformly intended to promote 
the public weal ;. and that our fellow-citizens have felt and ap- 
preciated its good etfects ; we hesitate not to add our unequi- 
vocal approbation to that, which is so clearly evinced by the 
repetition of their suffrages. 

Whatever may have been the wishes of many, in regard to 
St choice of th^ president of the United States, we trust, that 
the good sense and patriotism of those, who are disappointed 
in tke result^ will lead them to render that respectful X)bcdicnc* 



• ■ • • 

t© constitutional authority, which is justly due; and that tR«- 
first magistrate of our nation, will, in aciininrstering the govern- 
ment, so adhere to its essential prijiciples, as to secure the con- 
fidence of the people, whose interest requires that he should 
possess it. 

We fully accede. Sir, to the position, that asperityand^ 
false colouring ought not to be indulged in the discussion of 
publicnieasures ; and we sincerely lament that tire morals and 
liberties of the people have been, and still are, endangered by 
the licentiousness of the presses in the United States ; and that 
so many of our newsj)apers are the vehicles of misrepresenta-'- 
tion, slander and falsehood. 

Relying, under Divine Providence, on a well orgatiizcd : 
and well disciplined nvilifcia, as the great defence of our country 
against enemies from abroad and faction at home, the senate,: 
will frequently aod readily pay that legislative attention to the 
subject which its importance demands. 

The history of antient republicks furnishes us with so many- 
testimonies of the fatality attending the ignorance of the peo- 
ple, and, through this mean, the subversion of free government*, . 
that we are justified in the belief, that a republick cannot pre- 
serve its purity, nor can long exist without the general diffu- 
sion of knowledge among every class of its citizens ; and we 
readily adopt the fentiment, that no subject' of legislation can 
be more important. To effect so desirable an object, an early 
and unwearied attention to the instruction of our youth is in- 
dispensibly necessary ; and it is a duty, which to neglect, would 
be a breach of the trust reposed in us by our constituents. 

We duly estimate the wisdom of ancient and celebrated 
legislators on this subject, as well as the laudable examples of 
our wise and virtuous forefathers ; although much has been 
done by former legislatures, in establishing institutions for the 
instruction of our youth in the principles of religion, morality 
and useful science, and in forming their tempers, manners and 
habits, yet much remains for their successors to do. 

We will cheerfully co-operate with your excellency and 
the other branch of the legislature, in ameliorating systems so 
honourable to our country, so essential to the support of a 
free government, and. conducive to the happiness of society. 



44 ■■ 
• • • • 



ANSWER OF THE HOUSE. 



May it please your Excellency, 

THE house of representatives • sincerely congratulate 
your excellency and.theiEfelbw-citizcna, upon your re-elec- 
tion to the ofBce of first magistrate of this commonwealth.— 
1 his renewed testimony of the public confidence, at this period, 
must be highly grateful, as it affords the strongest evidence of 
your having discharged the important duties of your hi<.h trust 
with wisdom and impartiality. Notwithstanding the diffidence 
you have been pleased to express, the whole tenor of your pub- 
lic life inspires us with the fullest confidence, that your best 
endeavours will be successfully continued to advance the repu- 

tation and weltare of your constituents,~to preserve their rights 

unimpaired, and to select those only for public office, who^are 

most distinguished for abilities and integrity. 

Although in the late election of president of the United 

States, the result may not have corresponded with the wishes oi 
many of our fellow-citizens, yet we do most sincerely hope, and ^ 
are encouraged to believe, that the happiness so confidently an- 
ticjpated by some, and so cordially desired by all, may uUh 
mately ensue from that important event. As members of a re- 
pub ick whose basis is the will of the people, we consider, that 
the best claim to the character of good and faithful citizens is 
iounded on a cheerful obedience to the laws, and a uniform re-> 
spect tor tne constitutional authorities of our nation. And we 
cannot refrain from indulging the hope, that he, who was so 
eminently concerned in establishing our independence, will not 
oe^ be rayed into the dereliction of the pure principles of the 
federal system, which has arisen out of that independence But 
If these anticipations should not be realized, still a reoard to 
truth, to justice arid to the publick welfare, ought to exclude 
all asperity and false colouring from the discussion of public 
measures ; for, ,f the free presses of our. country are disl^race- 
fdly prostituted to faction and falsehood, they will greatlv en- 
danger, it not eventually subvert the morals and the liberties of 
tlj€ people^ 



4'5 

The organization and discipline of the militia being ett* 
tnistod to the State governments, we shall give our frequent 
attention to objects so essentially connected with the public 
safety. 

We fully agree with your excellency in opinion that there 
h no subject of State legislation inore important to the preser- 
vation of our free governments, or more interesting to the hap- 
piness of society, than the instru<:tion of the people, and par- 
ticularly the education of youth. It is not enough to instruct 
children in useful learning; it is of still higher concern to ha- 
bituate them to restraint ; to form their tempers and manners 
by the principles of bct^evolence and justice; to awaken the 
useful energies of their understandings ; to cherish the tirtu- 
ous propensities of their hearts, and to teach them the import- 
ant lesson of self-command ; — thus educated they seldom fail 
to make quiet and useful members of society ; while those, who 
are idle and unrestrained in early life, generally become turbu- 
lent and seditious at mature age.. 

Our wise and pious ancestors were strongly impressed witli. 
the importance of this subject. Scarcely h;ul they reached 
this then inhospitable shore, when they provided schools for the 
education of their children in literature and in the principles 
of religion and morality. They early founded the university 
at Cambridge, to which our country is indebted for so many 
great and useful men. We consider the civil and religious iut 
stitutions, which we have inherited from those venerable an- 
cestors, as invaluable. To those institutions^ under Divino 
Providence, we ascribe the present honourable and prosperous 
condition of this commonwealth. We therefore esteem it our 
highest wisdom to cherish, and, if possible, to improve them ; 
and one of our first duties to transmit them unimpaired to our 
posterity. 

We arc deeply impressed with the importance and neces- 
sity of providing for a due observance of the Sabbath, whiclv 
we consider as essentially connected with the preservation ot 
religion ; the only sure foundation of human virtue and happi- 
ness. If our laws, in this respect, are defective, we Avill en- 
deavour to amend them, paying, at the same time, that regards 
to the rights of conscience, which a wise and liberal policy, ftss 
well as our State constitution, recommends. 



4€' 



• • • •' 
Em-y one must acknowledge that public worship is use* 
ful, even as a school of good manners, and of decent and or* 
derly deportment ; and that the meeting together of the people 
to be instructed in their religious and moral duties, and to con- 
template the wisdom and goodness with which the Almighty 
governs the world, must tend to impress on their minds tha? re- 
verential love for the Supreme Being, which is the highest and 
noblest motive of human actions. K any of the towns or plan- 
tations in the commonwealth are unable to provide the means 
of instruction for their children, we conceive that the public 
good requires they should have such assistance, as may be re* 
quired for this purpose. We doubt not your excellency's 
ready concurrence in every measure conducive to the public 
^A'elfare, which the legislature may deem it expedient to pro- 



• »«•»•« • » 



*y HX8 txcELiiPNCY CALEB STRONG, isquire, 

Govertwur of the Commonwealth of Masiachmetts.,. 

A PROCLAMATION 

For a BAY of PUBLIC THANKSGIVING, 

AS we are under the highest obligations for the goodnest 
of the Supreme Being, in giving this land to us and to our fa- 
thers— in upholding our lives with a rich variety of his bounty — 
in appointing his Son to lay a foundation for our happiness, and 
in bestowfng numberless favours upon the people of this State 
in the course of the^last year ; it becomes us, at the close of it, 
t« render onr joint tribute of adoration and praise to that great 
and constant Benefactor, who has daily loadedus with benefits^, 
and who pours comforts upon all that live : 

Iheretqre, with the advice and consent of the Council, X 
appoint Thursday, the twenty-sixth day of November next, to 
be observed through the commonwealth, as a day of publick 
thanksgiving and praise ; and the ministers and people of ev- 
ery denomination are requested to assemble, on that day, in 
their respective places of publick worship, that we may devout- 
ly present to the Lord our Maker the affectionate gratitude of 
our. heiuts, for all the goodness whicU he has caused to pas* 



47 

• • • • 

«<vveraw ; for the support and acc\)minodation df onr Ifves; fot 
4he continuance ot our civil and religious liberty; for the un» 
usual degree of health, which He has granted to us ; and for 
the means we possess of attaining and ditfus»ng useful knowl- 
edge. And that He has been pleased lo give us rain in due 
season, and to cause the earth to yield her increase in abun- 
dance ; that he has prospered our commerce, navigation and 
iisheries ; that he has given us peace in our borders, and quiet- 
ness and safety in our dwellings ; and that he has crowned the 
year wkh his goodness, and caused our cup of blessings to run 
over. 

And, while with grateful emotions we contemplate the 
scenes of proiperity, let us humble ourselves before Him for 
our innumerable offences, and earnestly beseech Him, that He 
would forgive us, and make us still the objects of His divine 
favour ; that with the bounties of nature He would grant us 
the blessings of grace, and that He would animate us to a tem- 
per and conduct, which may correspond with the benefits we 
have received, and the felicity, after which we are encouraged 
to aspire; — that He would smile upon our university, colleges 
and schools, and succeed the means of religious and moral in- 
struction ; — that He would direct and prosper the government 
of the United States, and that the president, and all others, 
who are employed in its important offices, may discharge their 
respective duties wilh prudence, integrity and patriotism ; — that 
the governments of the several Slates may do all that is incum- 
bent upon them, to preserve union, order and tranquillity ; and 
that the whole people may duly estimate the advantages, by 
which they are dislmguished ; — that He would restrain the 
rage of contending natnms, and that the great events, which are 
taking place, may be made subservient to the triumph of the 
gospel and the happiness of mankind ; and that the period may 
arrive, when violence and oppression shall cease, and righte- 
ousness shall be established in all the earth ; when the different 
nations of men shall be united in the bonds of brotherly love ; 
when eveiy species of false religion shall disappear, and the 
earth shall be full of the knowledge of the Lord, as the waters 
cover the sea. 

And tke inhabitants of the State are earnestly requested 



48 

• • • ai 

"^e abstain from such labour and recreation as are inconsistent 
with the solemnities of the said day. 

Given at the Council Chamber in BostoR, this fif- 
teenth day of October, in the year of our Lord one 
thousand eight hundred and one, and in the twen- 
ty-sixth year of the independence of the United 
States of America, 

CALEB STRONG. 
By his Excellency's commajidj uith the 7 
edxicc and the consent of Council. 3 

JOHN AVERY, Secretary. 
C5QD save the commonwealth of Massachusetts, 



SPEECH 

1>ELIVERFD JANUARY 15, 1802, 

Ce?iflemen of the Senate, and 

Gcntltnien oj the House of Representatives^ 

WE have the satisfaction to reflect, that the public peace 
ond order have been preserved during the last year; and we 
contemplate, with )->]easiiig anticipation, the growing strength 
and lespecttibility ut the Slate. We possess a healthy and ex- 
tetisivc territory, which is rapidly inocasingin population, aqd 
is accommodated with circumstances favourable to agriculture 
and commerce. Our ships visit every part of the world, and 
bring home the [)roducts ot every ct»untry; we are blest with a 
government of our own choosing, which secures the most per- 
fect freedom of which men in society are capable, and afforcfs 
equal protection to the person and property of every individual ; 
and we shall be as happy, as the nature and condition of men 
will permit us to be, il we make a wise improvement of the fa- 
vours we have received from Heaven. 

But the prosperity of the people is inseparably connected 
with purity of manners and thcirpractice of the moral virtues ; 
when these become extinct, their happiness mil be at an end. 



49 

'The increase of wealth in republicks has often endangered the 
^virtue of the people ; so long us it is employed for useful purpo- 
ses, it contributes to the strength and security of the State ; 
but those, who bave observed its effects in other nations, will 
perceive the importance of guardi-ng against the abuse of it ; 
lest a departiire from tli€ simplicity of ancient manners should 
be followed by criminal luxury and dissipation, and the loss of 
moral and religious priwciples. 

If wealth introduces a- vain profusion in the various modes 
©f expense ; if it excites an eagerness for diiisolute pleasures and 
frivolous amusements; it will corrupt the manners, and vitiate 
the taste, of the people, and lead them into criminal excesses 
of every kind ; the rich will be considered as patterns of imita- 
tion by those of moderate fortunes, and these will be followed 
by others of still less ability ; aiid thus many will ruin them- 
selves by a profusion, for wJiich no one will feel himself obliged ; 
or will support their extravagance by unworthy practices ; and 
make good by fraud and rapaciousness what is lavished in va- 
nity ; in either case, if the evil is extensive, the ruin of the 
Slate becomes inevitable. 

We ought then to be solicitous io preserve the habits of in- 
dustry and temperance, in which we have hitherto prospered, 
and to inspire our fellow citizens with a love for the frugality 
-of primitive manners.; while these liabits continue, the people 
will make advances in agriculture and the valuable arts, and 
will think their chief happiness is involved in the public welfare; 
our religious and literary institutions will be supported and che- 
viished ; and improvements will be- made in aqueducts, bridges 
^nd highways, and other useful accommodations. In the flou- 
rishing periods of the ancient republicks, and even when sump- 
tuary laws restrained the vanity, and controled the appetites 
of the citizens, they adopted a style of magnitjcence in their 
• publick edifices ; and if a spirit of union prevails among our 
fellow-citizens, and their views are directed towards objects 
beneficial to the commonwealth, the government, by using a 
prudent economy in the administration of the revenue, will be 
able to adopt a like style in public buildings, and whatever is 
^conducive to the honour of the State and the general conveni- 
ence of the people. 



50 
• • • • 

With the iiicreas* of inhabitants wc arc to expect thi«t 
crimes will multiply iu proportion; and it is therefore of ii>- 
creasing importance, to render that branch of our law, which 
relates to crimes and punishments, as perfect as may be. The 
frequent escapes from the gaols in the several counties show the 
necessity of making some further provision, for keeping those 
oti'enders safely, who are sentenced to a long imprisonment^ 
for, if any hope can be entertained of an escape, the sentence 
will make but a feeble impression on the mind, and be of little 
use in preventing t^iture offences. A great proportion of 
crimes are the effects of idleness ; and it seems peculiarly pro- 
per therefore to punish them by conhntynent to hard labour,; 
that offenders, while they are prevented from a repetition of 
thei^- crimes, may be compelled to acquire new habits, and con^ 
tributb somethmg to the good of society ; to this end, our laws 
have in many cases prescribed that mode of punishment ; and 
yet, from the time that Castle-Island was ceded to the United 
States, no place of confinejnient to labour, has been provided by 
the commonwealth. 

By a resolve passed about two years since, a committee 
■was appointed to select and procure a piece of land in Charles^ 
town, and to erect a. State prison thereon, provided the expense 
should not exceed thirty thousand dollars ; the first part of 
this commission has been performed : but the latter, owing 
probably to the limitation of the expense, remains wholly uw- 
executed. Soon after tlie cession of Castle-Island, ordinance 
and military stores, the property of this commonwealth, were 
delivered to the agents of the United States, at an appraised 
value of more than forty thousand dollars ; if payment of this 
sum is obtained, it appears probable, from the accounts exhib- 
ited by the treasurer, which will be laid before you, that a 
State prison may be erected, w^ilhout any addition to the usual 
taxes. 

The genius of our laws is mild, and the crimes for which, 
the punishment of death is inflicted, are few ; but perhaps eveu 
this small number might be lessened, by changing the punish- 
ment of death to solitary imprisonment, if convicts could be 
restrained, without any hazard of escape^ and be wholly seclud- 
ed from that society, whose peace theix criminal coiiduct would 
endanger. 



5*f 

• • • • 

Agreeably to the resolve of the ip^h J'une last, two per- 
sSDns have been appointed to survey and lay out the land referr- 
ed to in that resolve ; or so much of it as shall appear to be 
necessary; but their service is likely to be inconsiderable, for 
in the applications by the soldiers and their legal representa- 
tives, for the benelits otfcred in tlK". resolve, the- pecuniary al- 
lowance has in almost every instance been preferred to a grant 
of land. 

Many of you^ gentlci?!en, from a long acq.uaintance with 
the public concerns of the State, will readily distinguish the 
proper objects of legislative attention ; arid 1 shall cheerfully 
concur with you in any measure that may tend to encourage 
agriculture, and the liberal and mechanical arts ; to promote 
rbe most equal and speedy distribution of justice ; to render 
our militia a still more respectable force; to provide for th(* 
equal apportionment of taxes ; and to preserve and establish 
the public credit of the S=tate» But youvvill permit me to ob- 
serve, that frequent and unnecessary alterations of the law are 
inconvenient, as they lead to the supposition of inconstancy 
in the government, and render it more difficult for the citizens 
to understand the rules by which they are to be governed. 
The best laws are not exempt from inconveniences ; but, when 
those of long standing are repealed, the regulations, which are 
substituted in their place, are often attended with still greater 
defects. 

The valuation, in which some progii?ss has been made, is 
an interesting subject, and requires much discernment in ascer- 
taining tacts, and much candour in deciding upon them. Rut 
I trust, that, by condescending to the opinions of each other, 
aiid giving due weight to every suggestion, you will be able to 
proceed with facility and pleasure, in completing this import- 
ant business. And I flatter myself, that no difference of senti- 
ment will impair the harnwny of the session; and that we shall 
have the pleasure at the close of it to reflect, that, by our u- 
iiited and faithful exertions in the public service, we have sup- 
ported the re})Utati(.n of the government, and promoted the 
imppiness of the people. 

CALEB STRONG. 



5^' 



ANSWER OF THE SENATtE. 



M'ai/ it phase your Excelltncy.)^ 

IT is with the most ])leasurable sensations that we reci-r- 
procate the gratulations of your excellency on the augmented 
strength and prosperity of this commonwealth. The duratior^ 
of the peaceful, free and flourishing government we enjoy, de- 
pends, we are sensible, upon our steady adherence to its origi- 
nal principles, and a wise improvement of the advantages-, 
with which we are indulged by the benignant Providence of 
the supreme Ruler of nations. 

That the prosperity of a people essentially depends on pu-r 
rity of manners, and the practice of the moral virtues ; and that 
a departure from these, followed with luxury and dissipation, 
will produce evils, destructive of the general welfare, .are truths^ 
which the history of every age will evince and contirm. 

While our fellovz-citizens shall continue to reverence and 
support the religious, literary and moral institutions of their 
ancestors, they will naturally be led to direct their views to 
every object beneficial to the State ; and, v/ith an united and 
active patriotism, will cheerfully acquiesce in those measures, 
which tend to multiply the conveniencies of the people; main- 
tain the credit, and enhance the character and importance of 
our common country. 

The observations of your excellency on our system of cri- 
minal justice, and the necessity of a State prison, will engage 
our particular notice. Whether the fund created by the sals 
of the military stores at Castle- Island may not, with peculiar 
propriety, be applied to this purpose, shall employ our delibe- 
rate consideration. Policy points to the reform, and humani- 
ty to a suitable provision for the employment of those despe- 
rate men, whose outrages on the peace Rud safety oi society 
have justly deprived them of its rights. 

While we express, Sir, our perfect confidence in your as- 
surances of a prompt concurrence in every legislative act, that 
can pTOmote the publick welfare, we cannot but subscribe to^ 



55 

tile justness of the sentiments, that too frequent alterations of 
the laws are attended with weighty inconveniences; they cre- 
ate an itiea of inconstancy an;l uncertainty in the acts of go- 
vernment, and of course a disrespect to its injunctions. 

The very interesting subject of the, valuation will necessa- 
rily engross much of our time. And we trust that such a spi- 
rit of concession and candour will prevail,- in the discussion of 
this complicated business, as to facilitate its completion ; and 
that at the conclusion of the session we shall separate with a 
consciousness of having niiide the public good, and the best in- 
terests of our constituents, the great objects of our attentioi). 



ANSWER OF THE HOUSE. 



May it please your Excellency ^ ■ 

WE reflect with the highest satisfaction, that public peace 
and social order continue to be preserved through the blate ; 
and we contemplate with pleasure the rapid increase of our po- 
pulation, the flourishing state of our agriculture, and the con- 
sequent extension of our commerce. These blessings we con- 
sider as the fruits of the happy systems of government, State 
and national,^ which through the peculiar favour of Divine Pro- 
vidence we are permitted to enjoy. Governments founded on 
the representative principle, where the officers who administer 
them are the objects of the choice and confidence of the ma- 
jority of the people ; — where the electors, and those elected to 
office have one common interest, and where equal protection is 
afforded to the person and property of every individual. Un- 
der such governments, and laws thus made, every interruption 
of social order would be a disturbance of the general happiness, 
and every breach of publick peace a violation of civil liberty. 

We concur with your excellency, in the belief that the 
preservation of these governments and the continuance of our 
ijappiness under them most essentially depend on the practice 
E 2 



5^ 
• • • • 

of all the moral and social virtues. To promote this object^ it" 
becomes the duty of the legislature, by the tendency of theiK 
laws, to confirm and extend the liabits of industry, temperance 
and frugality among the people ; to advance the interests of ar 
griculturc, and the valuable mechanick arts ; to encourage in- 
dividual enterprise in works of publick utility ; to support and 
cherish our religious and literary institutions; to protect the 
sacred rights of conscience; and finally to preserve the union 
of our confederated republicks, as the anchor of our present 
hope, and the ark of our ultimate security, as a nation. 

We cannot but flatter ourselves, that, while the precepts 
of our laws shall continue to promote virtue and discourage 
vice, to enlighten, inform and employ the publick mind, the 
increase of wealth in the State will not, as in the ancient re- 
publicks, corrupt the manners, and destroy the freedom and 
happiness of the people ; but will, under wise and frugal ad- 
ministrations of our State and Federal governments, be direct- 
ed to useful purposes, and contribute to the strength, harmony, 
and beauty of the whole. But if the melancholy period must 
arrive, when the majority of a people, thus blessed with the 
privilege of self-government, and thus secured in the enjoyment 
of it by internal strength, and the genius of laws, which are an 
appeal to their reason, and not to their fears, a guard to their 
virtues, and a check only to their vices, — shall neglect to prac- 
tise what their laws inculcate, they will indeed be lost to all 
sense of their own happiness, and must inevitably fall, with 
their liberties, a prey to despotism. 

With the increase of inhabitants, we must naturally ex- 
pect^ that crimes will proportionably multiply, unless from an 
improvement in legislation, and the amelioration of the penal 
cods?, it should be found practicable to create new impressions 
en the minds. of that miserable class> of the people, who are 
principally the objects of publick punishments, or at least to 
oblige them to expiate their offences by solitary labour, and 
thus restrain them from endangering society by a repetition of 
their crimes. To render that part of the publick laws, which 
relates to crimes and punishments as perfect as may be, wil! 
therefore claim the sarious attention of this branch of the le- 
gislature* 



• • •-• 

In the erection of publick buildings, it has always been the ' 
disposition of the house of representatives, to finish them inra.'. 
style, alike conducive to the honour of the State, and accom- 
modating to the general convenience and ability of the people. 
The erection of a State prison, for the confinement of convicts- 
to hard labour, has lon^g been an. object of attention in this 
house ; and we feel obliged to your excellency for your parti* 
Gular statement of the progress of that establishment, and the 
suggestion of probable funds to complete it, without any im- 
mediate addition to the usual taxes. 

The other subjects recommended in your excellency's - 
communication will be duly attended to on the part of the 
house of representatives. 

Although the valuation is a subject highly interesting -to ■ 
the citizens of every part of tliie commonwealth, yet we trust, 
that the spirit of mutual candor and condescension will so far 
prevail in deciding upon it, that it will be completed with fa- 
cility, and to general satisfaction ; — and that, at the close of 
the session,- we shall be able to reflect, that, by faithful exer- 
tions in the public service, we have supported, the reputation of 
the government, and promoted the happiness of the people. 

We cannot omit, on the present occasion, to offer to your 
excellency and the public our sincere congratulations upon the 
return of peace in Europe, as an event in the highest degree in- 
teresting to humanity, and favourable to the ultimate estab- 
lishment of those great principles, moral, political and religi- - 
ous, on which the happiness of the American people so essea-^ 
tially depends. . < 



56^ 
• • • • 



BOUSE OF REPRESENTATIVES, Felruari^ li, i802. 



The secretary delivered the following messaee from the 
governour :-r- ° ^ 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives y 

THE commonwealth has lost one of its best and ablest 
mends by the death of the lieutenant-aovernour.* Hedied Yes- 
terday about two in the afternoon, and his family propose that 
his funeral shall be attended on Monday next at two o'clock 
A long and intimate acquainta.Tce with him enables some of us 
to bear testimony to his distinguished merit. He was solici- 
tous to preserve the good order of society, and to exhibit to his 
felow-citizens jv pattern of every civil and moral virtue,-^ 
Without any solicitation on his part, he was many years elect- 
ed a member of the senate, and presided in their deliberations 
mth candor and dignity. In. the office of lieutenant-^overnour 
he secured respect by a mild deportment, resulting from the 
testimony of a good conscience. He was firm and inflexible 
whenever the interests of the commonwealth were concerned • 
and he acquitted himself with honour in all the offices com^ded 
to him by the publick, and in all the relations of private life, 

I shall be ready to join with you, gentlemen, in any tri^ - 
bute of esteem and respect,. which you may think due to hi* 
pjjiblic services. . 

CALEB STRONGi 
*- His honour Samvsl Phillips, Esq, of Audovcr, in th^ county of Essex, 



BT 



BT HIS EXCELLENCY CALEB STRONG, ESQUIUBV. 

Governonr of the Coinmonwealth of Massachusetts, 

A PROCLAMATION 
For a DAY of PUBLICK FASTING and PRAYER. 

THE religious principle of veneration for the Supreme 
Being is inherent in our nature and essential to oar hapjjiness; 
and our ancestors, from- a just view of His providential govern? 
ment, and their own frailty and dependence, applied to Him 
in all their necessities and dangers, and with united supplica- 
tions addressed Him at this season of the year, for His protec- 
tion, and the supply of their wants : And, as we are unworthy 
of His regard, and our circumstances depend entirely upon His 
pleasure, it is our duty and interest to imitate their examplei 
to confess our sins with true repentance, and humbly to in treat 
the Divine bles=ing upon us in the course of the ensuing year. 

I do, therefore, with the advice of the council,, appoint 
Thursday, the eighth day of April next, to be observed as a 
day of publick fasting and prayer throughout this commonwealth; 
and do recommend it to the ministers and people of every de- 
nomination, to meet together on that day, and with huniblc 
and contrite hearts to confess their manifold transgressions ; t& 
implore the protection of that Almighty Being, who, in wisdom 
and mercy, presides over the universe ; and to beseech Him^ 
that he would continue His favour to us ; — that he would give 
uisdom. to our counsels and improvement to our virtues, and 
bless us in all the work of our hands; — that the president and 
congress may employ their talents and power to promote jus- 
tice, and establish the union and tranquillity of these States ;.'. 
and that all their measures may tend to the publick happiness ;.- 
that those who are in publick office in this commonwealth may 
be Solicitous to preserve the peace of society, and maintain the 
respectability of government, by a prudent and impartial con- 
duct, and a faithful application to the duties of their several, 
offices ; that the people o\' the United States may respect the 
authority of the laws and magistrates^ and yield them a just 
and reasonable obedience, and that the privileges by which we. 
are distinguished from other nations, may be improved by us, 
as a rich inheritance, and be transmitted without dimiuutioa. 



• • • • 

to our tK)sterity ;—- that tlie ntinisters of the gospel may b<? ae-- 
tive and assiduous to plead the cause of religion and rccom- 
inend its practice ; and that every christian society may flourish 
in knowledge, purity and mutual afiection ; that the rich and 
prosperous may endeavour to afibrd relief in every instance of- 
necessity and distress ; — and that we may ail cultivate the be- 
nevolent dispositions and offices enjoined by religion, and prove, 
by our conversation and conduct, that we are uncorrupted 
with vice and infiilelity; — that He v/ould be pleased to grant us- 
favourable seasons, that our land may yield her increase and 
the trees yield their fruit; that he would preserve us from wast- 
ing and contagious sickness, and continue to us the blessing of 
health ; — that He would stili protect and prosper our trade^ . 
manufactures and fisheries :- — and that He would regard with 
favour our university, colleges, accademies and schools in the' 
several towns, antl grant that they may accompliah the designs- 
of their institution, and that multitudes may receive impress- 
ions in them, which shall secure their felicity and usefulness, 
and lay a firm foundation for publick virtue ;-r— thutHe would 
subdue those lusts and passions of the human heart, from 
whence wars proceed and overrule the mischief that has been* 
done by the destroyers of mankind, to promote the wisest and 
kindest purposes ; — that jn every nation the religion of Christ- 
may. be professed and hDnoured,. that the revolutions among 
men may subserve the interest of His Kingdom ; — and that of 
the increase of his government and peace there may be no end'. 
And the peopleof this State are requested to abstaiu from- 
labour and recreation on the said day. 

Given at the council chamber in Boston, this twen- 
ty-second day oi February in the year of our 
Lord, one thousand eight hundred and two, and in 
the twenty-sixth year of the independence of the U— 
nited States of America^ 

CALEB STRONG^- 

Bjf Hh Excellency's command^ tvith the 7 
udiice and consent of Cmincil, y 

JOHN AVERY, Secretary.. 

^OD sate the Commonwealth of Massachusetts 



• •• • 

SPEECH 

-DELIVERED JUNE l, i80$. 

^enilem-en of the Senate, mid 

Gentlemen of the House of Representatives, 

THE honour which my fellow-citizens have again cfen* 
.•/erred upon me, demands a repetition of my acknowledgement^, 
-and thexrontlnued exertion of my abilities to promote their in- 
;terest. 3'he duties, which they have called me to perform, es- 
pecially those, which regard appointments to office, are of a 
delicate nature ; but, while 1 am solicitous* to employ the au- 
thority, with which they have entrusted me, for their benefit, X 
hope for their candid and favourable acceptance of my sincere 
endeavours to serve them. 

Our state constitution declares, that " the end of the in- 
** stitution, maintainance and administration of government is 
" to secufe the existence of the body politic- ; to protect it ; and 
*' to lurnish the individuals, who compose it, with the power 
*' of enjoying in satety and tranquillity^ their nalurnl rights and 
" the blessings ut' lite." This declaration suggests the import- 
ance of government to the peace of society, and the preuTva- 
tion of that system of morals, upon which its happiness depends, 
and at the same time points out the objects, which every one, 
to whom its administration is confided, should have constantly 
in view. Mankind have consented in all ages to submit to go- 
vernment, as the necessary means to prevent perpetual war, 
and secure their individual rights. Without a regulating and 
,controling power, it is impossible for society to exist ; and, 
when that power is employed for the useful purj).'ses of its in- 
stitution, it aflbrds security to the blessings of iile, jyeserves 
social order, and induces a compliance with the laws of that 
Being, whose government is founded in infinite wisdom, and di- 
rected in all its operations by perlect rectitude and goodness. 

As the national constitution unites thepeopleot the several 
States in the bonds of interest, and entitles them to the com- 
mon privileges of citizens ; and the national government under- 
takes to provide for their defence against foreign enemies, and 
toJnsure domestic^, tranquillity ; it is tlie duty of the several 



» • • • 

•States to support that constitution* and government ; to be rnn^- 
jtually vigilant for the safety and happiness of each other ; to 
guard their several rights ; and, in conformity lo their respec- 
tive state constitutions, to enact just and equitable laws for the 
internal regulation and security of the citizens, and provide for 
their faithful execution. The performance of these services, 
which, on the part of this state, is now incumbent upon us, is 
not less a matter of interest than of duty ; as the safety of all, 
that is dear to us, depends on the stability of the constitutions, 
which we have iu the most solemn manner engaged to support. 

The patriotism of the American .people has been manifest 
in upholding the present system of national government, and 
the continuance of our union is obviously necessary, to secure 
respect from other nations, and preserve tranquillity among 
ourselves ; for, unless our views are circumscribed within a 
narrow circle, we must perceive, that division would lead us 
to disorder and weakness, and expose us to the loss of national 
importance and individual liberty. So long as these States are 
united, they will continue to increase in power and.prosperity; 
but, whenever the ties, vvhichconnect them, -are dissolved, they 
will probably decay, and fall to ruin by mutual jealousies and 
intestine feuds. 

Thereris no evil, to which free governments are more ex- 
posed, than the prevalence of party spirit. The extreme vio- 
lence of this spirit degrades the cliaracter of a nation, and vi- 
tiates the morals of the people ; it has proved fatal to almost 
every other republick, either by enabling a successful chief to 
establish his empiie on its ruins, or by weakening its ability to 
oppose foreign iiivtasion ; it tends to pervert the judgment as 
Well as corrupt the heart, and renders the subjects of it unso- 
cial and intolerant. Men, who in the ordinary commerce of 
lite woiJd disdain to make use of deception, when actuated by 
the; rage of party, will give currency to reports, which. at least 
tliey must think doubtlul : their pretei>ded patriotism degene- 
rates into an eagerness to support party principles ; and, in or- 
der to influence opinions or measures, or to retaliate supposed 
injuries, they have no scruple in violating the plainest rules of 
<ieGency.and justice. Qur sentiments on political subjects will 
be different ; but this diversity, if in expressing it we contino 
ourselves wilhiu the limits of tiuth and candour, will not beiu- 



6i 

jurious ; and, if itp-roduccs an honourable emulation to pro- 
mote the public good, may even be useful. It is impossible 
that all should be of one opinion, and it is a reasonable indul- 
gence to suffer every man to enjoy his own ; in many cases, 
however, an open and fair examination of publick measures is 
necessary, to enable the people to I'orm a correct judgment con- 
cerning them ; and, if the current opinion is different from our?, 
we may endeavour, by calm discussion, without artifice or cal- 
umny, to correct the supposed error. But the man, M'ho un- 
necessarily excites public alarm or resentment, is a disturber 
of the peace — and, whatever his pretences may be, he is actu- 
ated by impreper motives, and has no regard to the interest of 
his country'. 

We fiatte^r ourselves, that the mild character of our fellow- 
citizens and their general information will save us from those 
excesses of party zeal, by which other nations have been dis- 
graced ; but there is such a propensity to indulge this passion, 
and it has so often proved destructive, that good men should 
suppress it in themselves, and discourage the appearance of it 
in others ; this duty is peculiarly incumbent on the publick of- 
ficers of the State ; for, if at any time they should unfortunate- 
ly happen to be under its influence, instead of guarding the 
publick interest with steady patriotism, they might indiscreetly 
sacrifice it to private attachments A prudent and temperate 
course' of proceeding on the part of government will generally 
produce moderation and acquiescence in the people ; and I 
hope and trust, that, in discharging the duties of our respective 
offices, our impartial conduct will prove, that we are the faith- 
ful agents of the commonwealth, and not the loaders or instru- 
ments of a party ; and that we invariably endeavour to pro- 
mote the peace and prosperity of our fellow-citizens, and not 
to excite their passions or confirm their prejudices. 

In compliance with the resolve of the lt)th of February, 
com.missioners haA'e been appointed to settle all disputes be- 
tween the proprietors of the Kennebeck purchase, from the late 
colony of New-Plymouth, and any j/crson, or persons, vho 
may have made improvements on the lands claimed I, - those 
])roprietors. If the settlers and others who are interested, shall, 
agreeably to the recommendation of the late legislature, sub- 
F 



* * * • 
Miit their claims to the commissioners, there is the utmost rea- 
son to ex}.K?ct that the tranquiilil)^ of that part of the State 
will be fully eitablinhed. 

■ Immediately after the resolve of the 10th of March was 
passed, which relates to the separating line between this com- 
monwealth and the provinces of New-l^runswick and Lower Ca- 
nada, I wrote to the secretary of state, inclosing a copy of the 
resolve, and requesting him to lay the subject before the presi- 
dent of the United States, together with the request of the le- 
gislature, that proper measures might be taken to ascertain and 
settle that line. 1 have received an answer from the secretary, 
in which he says, that our minister at London has been already 
instructed concerning a definition of the jurisdiction of the isl- 
ands in or near the bay of Passamaquody, and that he will be 
authorised and instructed to take the further steps necessary 
for accomplishing the object ; and that the other part of the 
resolution, will receive from the president all the attention 
which is due to it, and to the wishes of the legislature of Mas- 
sachusetts thereon. 

I have also within a few days received a letter from the 
secretary of war, in which he objects to the appraisement of 
the ordnance and military stores, which h<?retol^re belonged to 
this commonwealth, and were delivered over to the United 
States. He proposes to return a part of the articles, and to 
pay for the residue at reduced prices. If this proposal shall 
not be acceded to, he consents to a reference of the subject to 
suitable characters mutually named by the parties, to ascer- 
tain and conclusively fix the value of the respective articles. 
The letter will be laid before you, and you will adopt such 
measures as you may think most conducive to an equitable con- ^ 
elusion of the business. 

J will take up no more of your time, Gentlemen, in at- 
tempting to enumerate particular subjects that require yoirr 
attention. At this season of th« year you will wish them to be 
as few as j)ossible. ^Vhatever measures, which have for their 
object the public good, or whatever motivi-s of interest or duty 
I have omitted to suggest, they will readily occur to your re- 
flection .1(1 experience ; and 1 shall with pleasure do all that 
depends on me, to expedite the publick busiiie^s, and to render 
the session agreeable to the members of the government and 
bcuefieial to the people. CALEB STRONG. 



^3 



.WS-WER OF Tin: SENATE; 



May it please your Exctllcncy, 

,rnn '^^ ^ '^^"'^^^ ^'^^^^''^^b' ^^'"grat uhitc youp cxcellency lipr>H 
your re-o cction to the hrst office of thi. comnionu-ealth. And 
however delicate or arduous may bethe duties, Mliich you are 
called to perform, we doubt not they will be discharged v.hh 
that uMsdom, impartiality an.d regard to the best interests of 

your constituents which have hitherto marked your publick con- 
duct and secured to you their esteem and approbation. 

In all our deliberations we shall endeavour fo keep oivr 
excellent constitution steadily in view ; to make it the rule and 
guide of our conduct; and we hope, that all our measures ^^ ill 
tend to promote the invaluable objects for which it was ordain- 
ed and established We are sensible that government is neces- 
sary tor man; without it he cannot enjoy the blessinos of so- 
ciety And It is with gratitude we reflect, that the ciSzens of 
the United States are blessed with the freest govermnents on 
earth ; which emanated from themselves, ,.m\ are administer-' 
ed by men of tneir own appointment. To prove thesuperioi- 
ity of these governments; to preserve and perpetuate them ; to 
transmit them unimpaired to the latest posterity, mnst h^tU 
highest ambition of every honest citizen. 

With your. excellency we feel the necessity and importance 
of preserving the union of these States. On it, under Divine 
xiovidencc, depend our respectability and safetv, as a nation 
and our happiness, as individuals. Incalculable are the evils 
which might flow from their disunion. It is therefore the duty 
of ail, but more especially of those who are placed in nublick 
ofhce, to cultivate and cherish such a spirit as will bc^t tend 
to avert an event so justly to be deprecated. As thebest mean 
however, of perpetuating our union, the citizens of the United 
Mates should be impressed with a due sen=e of the importance 
ot preserving the federal constitution inviolate. 

To strengthen our nation^il union, to give stability to th® 
constituuons, which we have in the most solemn manner en- 



0+ 

gaged to support ;" to promote a generous conficlcnce in thos^,. 
who are called to administer our governments, and at the same 
time a vigilant attention to their measures of administration, 
are not less the dictates of interest, than of duty. We trust, 
that tlic good sense and patriotism of the people will forever 
preserve the )>riiici} les of our constitutions from violation; and, 
if, under the influence of party zeal, or a mistaken desire to 
pi'ornote the public good, any acts should ever be passed in- 
consistent w.irh those principles, that they will not obtain the 
sanction, of time. And we deem it propter oiv this occasion to 
declare, tiiat we consider an independent judiciary as one of 
the best supports, and most essential attributes of a free govern- 
jnent. 

The experience of all a'^cs has proved that there is no evil, 
to which free nations are more exposed, than the prevalence of 
party spirit. It is, perhaps, the necessary offspring of free go- 
vernments ; but it frequently proves their bane and destruc- 
tion. It is incumbent, therefore, on every good citizen, care- 
fully to watch over and suppress such a spirit in himself ; to 
irown upon and discountenance it in others. They, who, to 
promote party purposes, or to raise themselves to office, invent 
and give circulation to tales of calumny, respecting publick 
characters, whatever may be their professions, must have hearts 
totally devoid of every truly virtuous and patriotic principle. 
They not only injure the persons, whom they calumniate, but 
they do an irreparable injury to tiie community. They dis«- 
courage good men from accepting offices of trust and respon- 
sibility. They introduce m.en unprincipled and regardless of 
character in their stead. They thereby pave the way for the 
destruction of oUr present free government, and will enable 
some^ popular and successful usurper to establish his empire on 
their ruins. We flatter ourselves, that the mildness of the A- 
jnerican character and the good sense of the people, will pre- 
serve them from these evils ; but it ought to be deeply impress- 
ed on their minds, that the only way to avoid the calamities, 
which have befallen other free n.ations, is to avoid their errors. 

The several subjects, which your excellency has pointed 
out for our consideration, and any subsequent communications,, 
which you may be pleased to make, shall meet a prompt and 
lespectful atieiition. We shall endeavour to expedite the pub-- 



• • • • 

lick business by an assiduous attention to it. We doubt not 
your excellency's disposition to render the session agreeable to 
the members of the government, nor your ready concurrence 
:n every measure calculated to promote the publick good. 



ANSWER OF THE HOUSE,- 



]ilai/ it phase your Excellency, 

THE house of representatives receive, with pleasure an.l 
respect, the address of your excellency to both branches of thor 
legislature, and offer in return their sincere congratulations, up- 
on the recent instance of the high esteem and increasing con • 
fide nee of the citizens, manifested in the late election.' 

We are fully aware of the delicate nature of that portion 
of your excellency's du-ties, which regards appointments to of- 
iice, and firmly believe that, in the selection of can(!iduter:, 
your excellency has been unitV^rmly actuated by the most im^ 
partial view t<j the inteivst and convenience of thepeople, — • 
Com petition -for offices, of necessity, gives rise to pergonal dis- 
appointments ; aiui thetlifficuUy of deciding upon pretension* 
apparently equal must sometimes occasion embarrassment. — 
But no material detriment to the publick interest will arise from 
those sources, while the power of appointment is exercised vyith 
a sincere desire to select able and upright men. It is only 
when subjected to the influence of passion, intolerance or par-^ 
ty projects, that this power becomes a scourge to the people. 
The sound and pertinent sentiments advanced by your excel- 
lency, upon the general importance of govern Dcnt to the peace 
of society, its tendency to promote the publick happiness, and 
induce a compliance with the laws of the Snj veme iking, de- 
mand our most cordial assent and aj^probutiun. 

We rejoice in the existence of iluU national constitution, 
which unites the people of the several States in the bonds of 
inteiestj and entitles ihcm to the common privilege cf citizevu-^. 
F 2 



66 

Nothing shall be wanting on our part to continue and extend 
its advantages to our fellow-citizens, by the performance of 
such duties, as on the part of this commonwealth is now in- 
cumbent upon us. 

The importance of the union of the States, and of the na- 
tional government,, to our safety and tranquillity, cannot be too 
frequently inculcated. We regard the })reservation of both, as 
the most sacred of our publick duties. In an extensive confed- 
eracy, composed of various States, mutual jealousies and vio- ' 
lent collisions of opinion are naturally expected ; and it may 
sometimes happen, that local politicks and predilections may 
acquire a dangerous ascendency in the publick councils. In 
such seasons, patience, moderation and a reliance upon consti- 
tutional redress, would become all good citizens. If instead 
of this temper, the publick mind should be actuated by despe- 
rate resolutions to abandon the union, or a premature diffidence 
of our means to maintain it ; the disorder and weakness inci- 
dent to small and jarring confederacies, would expose us to the 
loss of national im])ortance and individual liberty. 

We unite with your excellency, in deprecating the perni- 
cious effects of that party spirit which has proved the bane of 
every other rcj)ublick, and which is the principal, ifnot the on- 
ly source of the calamities which threat<?n a free and indepen- 
dent people. The evils arising from the excessive indulgence 
ol' this intolerant and unsocial spirit, among those who are not 
the immediate agents of publick affairs, are serious obstacles ta 
general prosperity and private happiness. But, if, in an elec- 
Jive government, not merely the people, but their rulers, J-hall 
become infected with this malignant spirit of party ; if, burst- 
ing from the confines of private circles, it shall shed its fatal 
influence over magistrates and legislators, then indeed will the 
publick inteixst be sacrificed to private attachments ; then will 
merit languish in obscurity and disgrace, while honours and 
promotion await the selfisli and unworthy ; then will such a 
nation realize, that paper constitutions are feeble barriers a- 
gninst the devices of sophistry or the assaults of violence. We 
trust, however, with your excellency, that the mild character 
of our fellow-citizens, and their general information, will save 
us from those excesses of party zeal, by which other nations 
kave been disgraced. This salutary object is naturally pro^no- 



e7 
• • • • 

ted by the moderate and conciliatory sentiments of a chief ma- 
gistrate, when sanctioned by his conduct and example ; and it 
is a tribute of justice due to your excellency to declare, that 
your disposition to assuage the acrimony of party is not* left to 
be inferred from your declarations only ; but is apparent in the 
whole tenor of your excellency's publick conduct. 

The particular subjects detailed in your excellency's ad- 
dress, arc entitled to, and shall receive our diligent attention \. 
and we shall assiduously co-ojjcrate in affording that dispatch 
to the business of the session, which the publick convenience^, 
at this season of the year, peculiarly r^auires. 



BY HIS EXCELLENCY CALEB STRONG, ESQUIRE, 

Guvcriiour andCommandeY in Chief in and over the Commonwealth 

of Massachusetts. 

A PROCLAMATION, 

FOR A DAY OF PUBLICK THANKSGIVING. 

IT being the atirient and laudable iisage in this State, at 
the close of the year, to appoint a solemn festival, Jo commem- 
orate the goodness of the Supreme Being j and publick"1y to 
acknowledge that He is the author of all our prosperity ; that 
^^(i owe Him our continual gratitude forHis unmerited favours; 
and that He is the source and end of all the good we are ca- 
pable of doing or receiving: 

I do, therefore, with the advice and consent of the coun- 
cil, appoint Thursday, the twenty-fifth day of Notember nexiy 
to be observed by the peopleof this commonwealth, as a day of 
publick thanksgiving and praise ; and the ministers and people 
of every denomination are requeste<i to meet together on that 
day, that we may devoutly unite in our humble and thankful 
acknowledgements to Almighty God, for the great and numer- 
ous blessings, which he has vouchsafed to bestow upon us ; for 
the peace and tranquillity with which \ve are favoured ; for the 
enjoyment of our civil and religious privileges ; for the health 
which He has been pleased to continue in a great part of the 



State, and His kind Interposition in behalf of those places, that 
have been visited with sickness; for the success, which He has 
grant^to our trade, manufactart^s and fisheries ; for the smiles 
of His Providence upon the labours of husbandry in the course 
of the last season, and the abundance of food, with which we 
are supplied ;. and for the benefits He has conferred upon our 
nation, and that profusion of Divine goodness, by which innu- 
merable multitudes are made happy. 

And 16 the acknowledgments of pious gratitude let us join 
the penitent confession of our sins, and our humble supplica- 
tions to the God of all Grace, that, by the influence of His spi- 
rit, He would purify our hearts, and make us fruitful in all the 
works of righteousness ; that he would prosper the adminis- 
tration of our national and State governments ; and that all 
their measures may be directed by truth and integrity ; that, 
by His blessing on the means of education andpublick instruc- 
tion, our youth may be trained to industry, virtue and usefuF 
knowledge- that the people may be united in the ties of mu- 
tual friendship and atfection, and inspired with sentiments of jus- 
tice and love of thei-r country ; and that we may continue to 
possess this good land,, and leave it for an inheritance for our 
children after us forever. 

That, with the ii]fci>ease of commerce, the blessinfrs of so- • 
Cricty and friendly intercourse may be extended, and p'^rovision 
made for the universal spreading of divine knowledge; and that- 
all opposition to th^ cause and interests of the llodeeiiier may 
appear to be in vajn, an! His kingdom triumph over all its en"- 
fmies. 

And the people of this State are requested to abstain from.- 
labour, and such amusements, as are inconsistent with the so- 
lemn services of the said day. 

Given at the Council Chamber inBostoH, thi« twen- 
ty-second day of October, in the year of o-r l.r^rd 
one thousand eight hundred and two, and iv. the 
twenty-seventh year of the independence oi the 
United States of America. 

-,\. ^ CALEB STROKGv 

Bp /its Excellency's command, with the \ 

advice and consent of Council. \' 

JOHN AVERY, Secretcrr 

k>\JD save the commonwealth of Massachusetts. 



% 



SPEECH 



DELIVERED JANUARY 14, 1803. 

G€?itkmeti of the Senate, a?id 

Gentlemen of the Home of Representatives^ 

QUR fellow-citizens, during the last year, have pursued- 
their employments with industry and success. No events of 
an alarming nature have happened to disturb the peace of this 
State ; and, if a spirit of competition appeared in the late elec- 
tions, it seldom proceeded to injurious lengths, or transgressed, 
those bounds of decency and moderation, which will ever be re- 
spect\2d by a virtuous and enlightened people. 

This state of society is favorable to publick happiness, and. 
must give peculiar pleasure to you, gentlemen, as it prevents 
the embarrassments, which you might experience in a more 
unprospcrous condition, and renders 3'our legislativ*,. ^iities 
easy and agreeable. While, in other nations, the attention of 
their governments has been necessary, to secure the people a- 
gainst the danger of want; in this State, the productions of 
the soil, by the favour of Divine Providence, have been abun- 
dant, for many successive years. 

The lands in this commonwealth, in almost every instance,, 
may be rendered fruitful, and prove a source of increasing 
wealth and plenty. By their improved cultivation, the people 
may not only be furnished with the necessaries and delights of 
lite; but will be able to relieve the wants of other countries, 
where a deficiency may happen ; where the inhabitants are so 
numerous, as to consume agreater quantity of provisions than 
their land commonly produces. 

Agriculture merits the attention of government, as one of 
the most essential articles of wise and useful policy. Happily 
fwr mankind it is a pleasing and healthful employment. Na 
object of industry is more worthy of our application, or more 
*Mi table to our nature : and no one is more conducive to sa- 



^ • • • • 

^rjcty and all kinds of virtue. In every wcii regulated Statr, 
It has been patronized by those who administered the govern- 
meiit. It was respected by our ancestors, and it wo^uld be 
unfortunate, if their posterity should ever think themselves de- 
graded by an employment that is so useful, and so well adapted 
to preserve ir.nocent and virtuous manners. The labour, 
which IS employed in clearing uncultivated lands and makina 
them productive, is obviously beneticial to the publick. ft 
teiids, perhaps, more than any other, to increase the agarecrate 
population of the State, which is an object of great political 
consequence; and it must afford the most pleasing reflections 
to the individual cultivators, when, by their industry, they hav« 
turned a wilderness into a fruitful iield. 

Since the commencement of the late war, the foreign de- 
mand for provision has amply rewarded the farmer's ind'ustry ; 
and the expectation of that demand has occasioned uncommon 
exertions to supply it. In this way Ave are indebted to com- 
merce for the increase of industry, as well as for its recom- 
pense. We have hitherto found a market for any quantity of 
produce we could raise, beyond what was necessary for our. 
<»wn consumption. The price may be reduced in consequence 
i>i ihep.acein Europe, and there may hereafter be occasional 
interruptions to the demand abroad,which may produce incon- 
vemences. But, as our exports are, for the most part, ei- 
ther articles of food, or materials necessary for the manufac- 
tures of other nations; there is some ground to expect, that- 
their price, will generally be in a reasonable proportion with 
that of the commodities, for which they are exchanged. 

To guard against the inconveniences I have mentioned, 
and to insure a dem.and for the produce of our soil, which will 
not be affected by external events, and at the same time to 
render us less dependent upon foreign nations, it is wise policy 
to encourage our own manufactures. The dispositions of 
men are suited to different kinds of industry ; and, though the 
pursuitsofagriculture are agreeable to a great part of Ihem, 
yet some are averse to this sort of labour ; and others, either 
from nature or accident, are rendered incapable of supporting 
it. These, however, may be equally useful to the publick, by 
i^mployingtl'.eir talents in mechanick and manufacturing occu-' 
pi^tions. Our own country is capable of supplying the'' mate^ -' 



71 
• • • • 

rials for almost every kind of useful maBufactures ; and it rs 
«X)Ur duty and interest, to derive all the advantages in our pow- 
er from this tortuiip.te circumstance. 

A valuable part of the articles exported from this State 
is furnished by the fisheries ; they therefore claim particular 
attention. But, though, from our situation and habits, we are 
most directly interested in their succe:ss, they will ever appear 
to be of great importance t& national security, when a system 
of maritime defence is contemplated. These" and other branch- 
es of useful labour, which have relation to the means of pub- 
lick safety, will, we presume, receive from the national legisla- 
ture, the degree of protection and patronage, which their im- 
portance requires. 

The duties, imposed by the general government on the im- 
portation of foreigti articles, operate as a bounty upouiour own 
manufactures. But still it may be requisite for the State gov- 
ernment to do something to encourage this species of industry, 
and even to afford pecuniary assistance to persons, who are en- 
gaged in introducing new branches., or in prosecuting those, 
which areeminentl^ useful. In general, however, when a man- 
ufacture is established, its continuance must depend upon the 
profits arising from it ; if they fail to defray the expenses, it is 
an indication that the labour ought to be applied to a mor« 
beneficial purpose. 

The success of manufactures depends in a great measure 
on the manner, in which the work is executed. A want of 
integrity in the persons concerned must eventually prove de- 
structive to the branch in which they are engaged ; and, when 
the individuals are numerous, the careful attention of the legis- 
lature will be necessary, to prevent discredit to a whole class 
of men by the frauds of a few. To this end our inspection 
laws have been framed ; and, if carried faithfully into execu- 
tion, and extended, as there shall be occasion, to other objects, 
will be of great use in improving the quality of our manufac- 
tures, and preventing those deceitful practices, which would 
destroy their credit. 

It has been often said, that our manufacturing establish- 
ments will not succeed, so long as labour is at the present 
high price. This observation is not confirmed by general ex- 
perience ; for in many instances they are now in a flourishing 



7t 

» • • • 

and progressive state. Onr domestick manufactures are alse 
of very great importance, both to publick and private prosperi- 
ty ; as they furnish a large proportion of the necessary articles 
of clothing and furniture, they are entitled to every degree of 
encouragement, and no friend to his country will despise or 
undervalue them. 

An increase of the manufacturing and commercial interests 
manifestly tends to a flourishing state of agriculture, by increas- 
ing the demand for the surplus produce cf the land. These 
several interests are mutually dependent, and there seems to 
be no cause of jealousy between them. A wise government 
will direct and guard them with an equal hand. It will be 
the constant object of such a government, to excite and pre- 
serve a spirit of industry among the people, by assisting them 
to gain a reward for each kind of labour. Industry may then 
be left for the most part to its own direction. The people will 
divide themselves into different professions ; their discernment 
will enable them to make a prudent choice ; and lead them to 
pursuits, in which their private advantage and that of the pub- 
lick will concur. 

In compliance with your request in the resolve of the 23d 
«f June, I transmitted to the president of the United States a 
statement of the proceedings concerning the ordnance and mil- 
itary stores, which belonged to this commonwealth, and were 
taken for the use of the United States ; and requested payment 
of the monies due for them. 1 received an answer from the 
president, and have also received letters from the secretaries of 
war and of the navy on the same subject. The council did not 
think it expedient to agree to the proposal made on the part of 
the United States, and advised me to lay the papers before the 
general court, that they might take such measuies in the case, 
as they might think proper. 

Together with those papers the secretary will lay before 
you a letter, whi<.h I received from the attorney-general, inclo- 
sing copies of the rule and award in the case of the common- 
wealth against the town of Boston, conceriiing the old state- 
house. He will also deliver you attested copies of the proceed- 
ings in two cases in the supreme judicial court, holden for the 
county of Hancock in June last, which were forw&rded to me 
by the solicitor-general, that they might be submitted to your 
inspection. 



75 



• • • • 
TKis session commences wiih a fair proscect of concord 
md usefulness. I hope that nothing w.u'happen ro inter 5 
the good agreement ; and that we shall prove ourselves worthy 
of the cojjhdence. which our fellow-citizens have reposed in J 
by endeavouring to secure to them all the advaniires, which 
their situation will admit ; and by redressing, as far as it is ia 
our power, the evils, of which they may have reason to com- 

CALEB STRONG. 



ANSWER OF THE SENATE. 

May it please your Excellency, 

IT is with the most grateful sensatfons, that the senate 
hasten to reciprocate your excellency's sentiments on the peace- 
ful and prosperous situation of this commonwealth, and in 
finding themselves enabled to discharge their ordinary legisla-. 
tjye duties, without any public-k embarrassments, fi.cal neces- 
sities, or contrarient interests, to divert their attention from the 
provisions necessarily promotive of the individual and geaeral 
.happiness of our constituents. 

Ihe larfe European war has brought into the most exten- 
sive operation the natural products of our country, and expe- 
rimentally tanght us th« sound results of industry and Jod 
husbandry, in the advancement of commerce, the vast increase 
ot provisions, and with them those comforts, that unite to ren- 
tier us a flourishing people. 

If, in a government free as our own, the liberties of the 
•press, and our very frequent electioneering contests, tend to 
[.rovoke party rancour, and keep the publick pulse in a febrile 
state, we can only regret them, as the drawbacks of freedom, 
iiecessaniy attendant on unconfmed discussion, and of a nature 
^'hich a more extended experience and a more improved state 
ol society, we hope, will correct. 
G 



74 

• • • • . 
' The papers referred to in your excellency's connmnnic»- 
tion shall meet ail the attention, vvhich their circumstances re- 
quire. And we trust, that a spirit of candour and concord 
will so pervade the diHerent branches of the legislature, during 
the whole of the session, as to promote the real interests of that 
community, who have confided to us the sacred trust of guard- 
ing their rights, and extending the general prosperity^ 



ANSWER OF THE HOUSE. 



May it please your Excellency^ 

THE house of repreiicntativcs partake, with great sincer- 
ity, in the satisfaction expressed by your excellency, in con- 
templating the peaceful and prosperous condition of the Stat^. 
We rejoice, that the spirit of competition, in the late elections, 
has not transgressed the bounds of decency and moderation. 
A regard to these -principles in the exercise of the right of suf- 
frage will preserve us from the influence of passions, which, in 
elective governments, so often injure the cause of freedom, by 
expelling from the service of their country its best and most 
approved friends, and confiding power to the hands of unprin- 
cipled and <:apricious leaders, who disguise, in the specious garb 
of reform, delusive innovations, which flatter, while they ruin, 
a nation. 

The intimate, connexion and mutual dependence of agri- 
culture, commerce and manufactures, so justly delineated by 
.your excellency, cannot fail to attract the attention of every 
wise government. It is by affording an impartial patronage to 
all these interests, that each is rendered capable of extending 
itself to the full scgpe of its natural limits, and of producing. a 
beneficial re-action. upon the others, by which tht Joint etFoits 
and industry of the community are rendered productive of the 
greatest possible results. In legislating upon these important 
subjects, we shall keep in view the .principles advanced by 



75 

^ur excellenfy, and endeavour to apply thenr with success. 
We perfectly assent to the position, that no just cause of jea- 
lousy exists between them, and we disclaim all visionary sys- 
tems, which would represent any one class of citizens, as th« 
peculiar favourites of Divine or human legislation. 

The advantages of an extensive and prosperous commerce 
have been eminently realized, during the late European war, 
by ready markets and high prices afforded to our produce ; by 
improvements in the science and practice of agriculture, and 
by the great increase of commercial capital. From the sudden 
termination^ of hostilities, much embarrassment and inconve- 
nience were naturally apprehended by the farmer and the n^er- 
chant. But, although the rapid accumulation of wealth has 
been checked, and new modes of employment must be devised 
for a portion of that already acquired ; yet experience thus far 
has demonstrated, that no inconvenience has resulted from the 
peace, sufficient to damp the consolations of humanity, or the 
pleasure arising from the consciousness of security. The peo- 
ple of this commonwealth have retained their moral habiig, 
their religious institutions and their political integrity. Gene- 
ral plenty, competence and unexampled prosperity, have also 
justified the wisdom of that policy, which preserved to us pcac« 
with all nations, filled the coffers of our national treasury, en- 
abled this commonwealth to reduce its debt, and augmented 
our population and resources beyond the most sanguine calcu- 
lations. 

We sincerely unite with your excellency in the benevolent 
hope, th^U the business of the sessions,, so auspiciously commen- 
ced, may be conducted in a spirit of harmony, and that all our 
measures may indicate an anxious desire to prove ourselves 
worthy of the contidence of our fellow-citizens, and to secur© 
t« them^all th« advantages, which they are entitled to expect.' 



re 



BY HIS EXCELLENCY CALEB STRONG, ESQUIR2V 

Govemour of the CommmweaUh of Massachusetts. 

A PROCLAMATION 

For a DAY ./ PUBLICK FASTING and PRAYER. 

A BIMIEF of the agency of the Supreme Being, in de- 
fennining the condition, as well of States as individuals, inda- 
ced our pious forefathers,, at the beginning of each year, to ap- 
point a day of pubiick fasting and prayer ; that, in joint acts 
of devotion, they might acknowledge His providential govern- 
ment, and implore His blessing on their pubiick measures and 
private concerns.—This practice, which is coeval with the set- 
tlement of the State^ has been retained to the present time, and. 
15 still recommended by its own propriety. 

Hierefore, by the advice and consent of the council, I ap- 
point Thursday, the seventh day of April cext, to be observed 
as a day of fasting and prayer, through th« commonwealth- 
and request the ministers and people, of the different religious 
denominations, toassemble in their respective places of worship 
on that day;. — that we may offer unto God the penitent con- 
fession of our-sins, and our devout supplications for the bless^ 
ings, that are necessary for us ; and beseech Him, that, througk 
the merits of the Redeemer, we may obtain His forgiveness, 
and be enabled to render ourselves well pleasing in His siaht^ 
by presenting Him the service of pure and humble hearts";— 
that He would prosper the United States, and preserve and 
strengthen their union ;— that those who are in authority in 
the national and State governments, may rule with justice and 
impartiality, and make the lawsll^e standard of their actions ;— 
that the people, by a careful attention to their relative duties,, 
may render to every man, in every station and character, the- 
esteem and respect, which he justly claims ;— that every de- 
nomination of christiaws may prove the sincerity of their 'faith,, 
by such a temper and conduct, as the religion they profess was 
intended to inculcate and produce ; — and that we may all re- 
gard each others' circumstances with benevolence and com- 
passion ; and be indaced, from- a &€ns.e.of our need. of the di- 



11 

• • • • 

tine clemency, io exercise mutual charify and forbearance. --^ 
that He would save us from wasting sickness, and continue to 
us the blessings of health ;— that He would grant success to 
our husbandry, and cause the ensuing season to be favourable 
to the growth and perfection of the fruits of the earth ;— that 
He would continue to prosper our trade, manufactures and 
fisheries ;~that He would smile on the means of education, 
and that the instructors of the people and the preceptors of 
youth, may be eminently useful in diffusing knowledge, and 
promoting the interests of religion, good morals and well regu- 
lated society ^— that He would accomplish the predictions 
concerning the prosperity and increase of the christian church ; 
when the power and policy of its enemies shall be disarmed ; 
when truth and righteousness shall universally prevail, and all 
the ends of the earth shall see the salvation of God. 

And the people of this State are requested to abstain from 
such labour and recreation, as are inconsistent with the solemn 
services of the said day. 

Given at the Council Chanvber in Boston, thi« six- 
teenth day of February, in the year of our Lord, 
one thousand eii^ht hundred and three, and in the 
twenty-seventh year of the independence of the U- 
liited States of America, 

CALEB STRONG. 

£v 'hn T.xcelhncy s command, with the \ 
advice and c(m8tnt of Council, \ 

JOHN AVERY, Secretary. 
^0D save the Commonwealth of Massachusetts. 
G2 



7S 

SPEECH 

DELIVERED MAY 31, 1803. 

Gentlemen of the Sertate, and 

Gentlemen of the House of Representatives , 

WE are now entering upon the duties which, have bee«5h'> 
assigned to us respectively by our felloiv-citiz'?ns. Permits 
}i\e, on this occasion, to return them my sincere thanks for the 
repeated proofs of their esteem and confidence ; and to assure 
you, gentlemen, that I shall cheerfully concur with you in 
every prudent and saiuLary measure for the preservation of 
their rights, the advancement of their interests,, and the im- 
provement of their minds in wisdom and virtue. 

To yt^n, gentlemen, the legislative authority of • the com- 
monwealth is committed. In discharging tiiis important trust 
your deliberate reflections will be employed, to establish suc^ 
laws for the welfare of the State, as you may think necessary, 
to support and defend its government ; to protect pro])erty ; ; 
to cause jj/jrsonal liberty to be respected ; to improve our sys- 
tem of jurisprwdcnce, an:! provide for the impartial interpre- 
ialion and iaithful execution of the laws. 

An equal administration of justice is indispensably requi^ 
site, to preserve tije peace of the State and the rights of the^' 
4'itizens. Impressed with the imjiortance of this object, the 
framers of our conslllr.tion were particularly solicitous to ■ 
ensure the indepeiuience of the justices of the supreme judicial ' 
court ; so that in their legal decisions they might be in no 
«langer of partiality Irom motives of private interest. It is • 
ihereTorc provided by that instrument, not only that they shall.; 
koid their offices <luring good behaivour, but that- pei-manent^ 
^nd honourable salaries shall be established- by law for their 
huppprt. A law. was indeed passed for this purpose, but,, 
the compensation being found inadequate, the legislature for a 
seri(?s of vears have made an annual grant to the judges, to 
make good the deficiency. Vi their stated salaries shall still 
appear to be insufficient for their honouiable support, will it not. 
be more conformable to the corjstitulion to increase the allow-- 
ancs by an act without a dctGrmiriiite limitfctionj, than by re- 



solves, which operate but for a single year, and which renders- 
the highest judicial court dependent, annually, for a part of 
their subsistence, upon the good will of each branch of the leg- 
islature. 

Since the last session of the general court, Ihave receiv- 
c<l a letter from the president of the United States, which will 
be laid before you by the secretary, and whieh enclosed a copy 
of the report of a committee of the house of representatives of 
the national government ; in which the president is requested*4o 
write to the executive of each State, urging the importance 
and indispensable necessity, of vigorous exertions on the part of 
the State governments, to carry into effect the militia system 
adopted by. the national legislature, agreeably to the powers 
reserved to theStates respectively by the constitution of the 
United States. Perha|>s the^ militia of this commonwealth was 
never in a more respectable condition than at present. But, 
if any measures can be taken to carry the system into more 
complete effect, I have no^Joubt of your disposition to adopt 
tliem. Indeed it will always be necessary for us to cultivate 
the military art ; .not to enable us to commit outrages with im- 
punity, but to defend ourselves against the attempts of unprin- 
cipled and ambitious men, who consider all means as lawful, 
that promote their ends, and who make their glory consist in 
spreading misery through the world. 

In pursuance of the resolve of the 23d of last June, forsel-- 
lingthe powder magazine in Boston,- and erecting two others out 
of the town, a piece of land in Roxbury, being the principal 
part of the' i.sland called Pine-island, has been purchased for 
the use of the commonwealth, and a magazine erected thereon. 
It is proposed to erect the other with the materials of wh-ich the 
magazine in Boston was constructed, as soon as a suitable plat 
of ground can be obtained for the purpose. This course is 
thought to be most advantageous for the State, and will be pur- 
sued, if it is not disagreeable to the legislature. 

The treasurer will prepare for your inspection a statement, 
containing a general view of the debts of the commonwealth, 
and the sources of supply to the treasury. I hope that upon 
comparing the funds and revenues of the Stiite with the neces- 
sary expences, you will find, that provi'jon may be made for 
the pay merit of the remainiiig debt in the couise of the present 
jear, without exposing the treasury io embarrassment. 



Other circumstances, of which it may be proper that yoir 
should be informed, or to which your attention should be in- 
vited, will probably be the subjects of particular messages. 

The constitution of the State forms a common interest a- 
mong the people, and is designed to unite them in those friend- 
ly sentiments, that make society tranquil and happy. It se- 
cures to every man in the commonwealth an equal claim to 
social advantages ; every man, therefore, however limited his 
sphere of action, should contribute all in his power to the pub- 
lic good. The members of the government will on' their part 
thirik themselves obliged to encourage by their example, a love 
of order and respect for the laws; to endeavour to remove the 
grounds of discord and misunderstanding among their fellow- 
citizens, and cement friendship between them ; and to exhibit 
such patterns of purity in manners, and rectitude of conduct, 
as shall tend to promote the practice of religious, moral and 
social duties among all classes of the people. 

CALEB STRONG. 



ANSWER OF THE SENATE, 



Mai/ it please yovr Excellency ^ 

THE senate of Massachusetts take this opportunity to pre- 
sent their congratulation on your honourable re-election to the 
first executive office of this commonwealth by the voluntary 
suffrages of your fellow-citizens. 

Entering upon the legislative duties of the year, we accept 
with satisfaction, the assurance of your cheerful concurence 
in every prudent and salutary measure of legislation ; and, in 
return, we beg your excellency to be assured, on our part, of 
all that respect, support and confidence, which are due to the 
elected chief magistrate of a free people. 

The protection of property, the security of personal liber- 
ty, the support of government, and the improvement of our 



• • • t 

publick institutions, will, according to yonr excellency's recom,**' 
mendation, employ our deliberate reflections. 

An equal administration of justice is an object of primary 
importance. With a view to so desirable an end, our consti- 
tution has wisely provided, that the justices of the supreme 
ji-dicial court shall hold their offices during good behaviour, 
and that permanent and honourable salaries shall be estab- 
lished for their support ; we therefore, unite in the opinion, 
that their salaries, whatever may be deemed the reasonable a- 
mount thereof, ought to be permanent and honourable, and 
established by standing laws. 

We receive, with pleasure, your excellency's communica- 
tion of the letter of the president of the United States, written 
at the request of the house of representatives, for the purpose 
of stimulating the exertions of the State governments to carry 
into effect the national militia system, in order to be seasonably 
prepared for a vigorous defence of our country, if, unfortunate- 
ly, occasion should require : — And, although peace with all 
nations, on honourable terms, is the with and the interest of 
the United States, yet, as your excellency justly observes, it 
will always be necessary for us to cultivate the military art ;- 
not to enable us to ens;ao;e in wars of ambition or reveni^e ; 
but for self defence and the necessary vindication of our rights. 
'I'he pre«-ent respectable condition of the militia of Massachu- 
setts is justly a subject of congratulation. Any additional 
measures to render this important institution still more effect- 
ual, will be readily adopted by t\r senate. 

The course pursued by your excellency, in execution of 
the resolve of the 23d of June last, on the subject of the pow- 
der magazine, is perfectly agreeable to the senate. 

Impressed u'ith a sense of the evils of a large publick debt, 
and the sound policy of a gradual, yet speedy extinguishment 
thereof, the senate concur with your excellency in the hope, 
that, upon comparing the funds and resources of the State 
with the necessary publick expenses, it will be found that pro- 
vision may be made for a payment of a part of the remaining 
debt of this commonwealth, in the course of the present year^. 
without embarrassing the ti-easury. 

Any communications, which your excellency may thinb^ 
proper to make^ will command our particular attention. 



»2' 
• • • • 
Witti your excellency, the senale recognize the duty of 
every citizen, in consideration of the equal rights secured by 
Gur constitutions, to contribute, ia his appropriate sphere of. 
qfCtion, to the publfck good. The individual members of gov- 
ernment, and all, who are placed in influential situations, are 
under peculiar obligations to encourage, by precept and ex- 
ample, the practice of social, political and religious duties; — 
to remove the grounds of popular discord and discontent ;— 
to promote a love of order, obedience to the laws, and respect 
for the constituted authorities of the national and State govern- 
ments ; to restrair? xhe rage of parties, and tranquillize the pub- 
lick, mind. ' 



ANSWER OF THE HOUSE. 



May it please your Excellency^ 

THE house of representatives receive your speech mtU- 
all the deference and attachment due to your character. 
Your re-election, as our chief magistrate, evinces the discern- _ 
ment of our fellow citizens, and is a just tribute to your talent*- 
and virtues. We possess entire confidence, that you will cheer- 
fully concur in every prudei k and salutary measure for the ad- 
vancement of their interests, and the improvement of their 
minds in wisdom and virtue. 

We are deeply and solemnly impressed with the impor- 
tance of rendering the judicial department as independent, as 
the lot of humanity and the state ol society will admit. The 
evils which arise from temporary grants, and which are en- 
creasing, from their repetition, will, unless speedily remedied, 
break down that essential branch of our government, which is 
a barrier against unlimited disorder. 

With these sentiments, the house of representatives will 
occupy themselves on this subject, and they will endeavuc 
to place the impartial administration of justice on the indepen- 
dent basis, established in the language and by the spjrit of our 
constitution. 



83 
• • • • 

The vie\\^ and habits of our citizens, for a long period, 
iiave induced those laws and regulations, which have conferred 
On our militia its present elevated reputation. But, if, upon a 
revision, it should be found, that further measures are necessa- 
ry, to render the system more perfect, we will promptly adopt 
them. The preservation of all that is valuable to man in a 
itate of society, indisof.nsably requires, that our government 
should possess such f -"langements and force, as should be ade- 
quate to meet and control those convulsive events, to which all 
.communities are liable. 

It is the ardent love of country, inherant in native breasts, 
cherished by valour, and braced by military art and science, 
that buoys a nation above all apprehensions of the consequen- 
^ces of asserting its rights, or braving the attempts or assumption 
of internal or external enemies. 

It affords ur, therefore,, great satisfaction to learn, that the 
executive of the United States is endeavoring to rouse a nation- 
al spirit of defence; and we cannot doubt, that the general 
government will provide and organize every mean for the se- 
curity and protection of our property and of our honour at 
-home and abroad. 

Our citizens well know, by the experience of the opera- 
tions of our excellent constitutions, how to appreciate true hap* 
piness. Ages have passed, of which history has had cogni- 
zance, and time will continue to unrol its destinies, subject to 
the future observation of man ; but it may be fairly questioned, 
whether any people have existed, or will probably exist, in a 
state of society more perfectly in possession of personal liberty, 
and the honest acquisition and enjoyment of property, than the 
citizens of this commonwealth. It will, therefore, be the duty 
of the members of the government, to take every measure ia 
their power, and by their example to encourage a love of or- 
der arrd res})ect for the laws, and to remove all grounds of 
misunderstanding among their fellow-citizens, so that their 
present happy condition may be continued unimpaired, and pro- 
gressing in improvement. 

Any further communications from your excellency will b« 
i^ceived with the attention due to so respectable a source. 



t4, 



%Y HIS Ex^cELLENCT CALEB STRONG, esqui»% 

Governour of the Commonwealth of Massachusetts^ 

A PROCLAMATION 

For a DAY of PUBLIC THANKSGIVING, 

SINCE the Almighty has kindly i^:>uchsafed to preserve 
Ami prosper us another year, it becomes us, at the close of it, 
to repeat our grateful acknowledgments for the daily support 
and assistance, which he has imparted to us ; and, in imitation 
of the example of our forefathers, to unit* publickly in the so- 
lemn and delightful employment of celebrating His praise. 

Therefore, with the advice and consent of the council, I 
appoint Thurdayy the first day of December next, to be observ- 
-^d in this commonwealth, as a day of publick thanksgiving. 
And the ministers and people of different religious denomina- 
tions are requested to assemble in their respective places of 
worship on that day, that we may jointly pour forth the tribute of 
our gratitude in the most devout and fervent praises to God, 
and render Him our sincere and humble thanks for all the ne- 
cessaries and comforts, which support and delight our lives; — 
for His distinguishing goodness in exempting us from calamities 
which other nations are subject to, and granting us blessings to 
which they are strangers ; — for lh« peace and tranquillity we 
are favoured with ; — tor our civil and religious liberty ; — for 
the degree of health which He has been pleased to continue or 
restore to us, and for His mercy in preserving us from that fa- 
tal disease, with which some of the other States have again 
been visited ; — for the prosperity which He has afforded to our 
commerce and fisheries; — for His blessings on the labours of 
the husbandman, and the abundant supply of the fruits of the 
earth ; — and, above all, for the revelation of the gospel, and 
the benefits and consolations, which result from its doctrine* 
and promises. 

And, from a humbling sense of our unworthiness, let us 
unite in confessing nur multiplieti ofi'ences, and in earnest pray- 
er to the God of our fathers, that He would forgive us, and that 
His former kindness to them, and our continual experience 
of his favour, may establish our dependence on Him, and en- 



(orce our obedience to His commands; — ^tliat he -would bless 
the national and State governments, and direct the president 
and congress to such measures, as shall be conducive to the 
publick safct}^ and peace ; — that th« churches may be purified 
and enlarged, and attain the highest perfection of christian 
knowledge and virtue ; — that He would smile upon all our va- 
luable interests, and especially upon the means of religious in- 
struction, and the institutions which have been established to 
promote science and literature, and to form the manners and 
morals of the people; — and that, having enriched us with His 
Providential bounty. He would grant us those supplies of His 
grace, by which we shall be animated to the duties of life, and 
prepared for a state of perfect and endless felicity ; — that He 
would restore peace and mutual friendship to the contending 
nations of Europe ; — that the interest of true virtue and piety 
may flourish in all parts of the earth, and the minds of men 
be every where formed to rational devotion and diffusive bene- 
volence ; — and that the most distant and barbarous nations may 
seek their salvation in the grace of the gospel. 

And the people of this State are requested to abstain from 
such labour and recreation, as are inconsistent with the solem- 
nities of the said day. 

Given at the council chamber in Boston, this twen- 
ty-seventh day of October, in the year of our 
Lord, one thousand eight hundred and three, and in 
the twenty-eighth year of the independence of the 
United States of America. 

CALEB STRONG. 

■ Bi/ His Exce!ienci/*'S cemntand, with tJte 7 
advice and consent of Council, j 

JOHN AVERY, Secretary, 

iiCOD save the Commonwealth of Massachusetts 

M 



S6 
• • • • 

SPEECH 

DELIVERED JANUARY 13, 1804« 

Gentlemen of the Senate, and 

Gent/e?nen of' the Home of Representatives, 

AT your farmer session, the season of the year preventeid 
your prosecuting the consideration of divers. subjects, which you 
tliought worthy of your notice ; in particuLar the state of the 
judicial department. I presume, that those subjects will now 
be taken up, and receive the degree of attention, they respec- 
tively deserve ; and I trust, that your deliberations on these 
and other matters that may come before you, will terminate 
in such measures as shall tend to promote the ease and hap- 
piness of the pc^ople. 

Since our last meeting, the situation of affairs in Europe 
is materially changed. A new war has been kindled between 
those nations, with whom we have the greatest intercourse j 
and we are again constrained, by the. principles both of human- 
ity and religion, to lanient the misery it must occasion ; even.if 
our own pecuniary interest is promoted by it. Indeed there 
may be a rapid increase of wealfh without an^^ addition to the 
publick happiness ; for riches, by their influence on the man- 
ners of the people, have sometimes proved extremely injurious 
to their virtue and safety. So long, however, as we claim and 
possess the advantages of a neutral character, it is our duty to 
abstain from all contraband commerce with the belligerent na- 
tions. If we attempt to convey warlike stores to either of them, 
or stores of any kind to a besieged place, we falsify the charac- 
ter we assume, and have no reason to complain if our property 
is seized and considered as lawful prize. 

But, in whatever manner our interest or private feelings 
may. be affected by the events that take place in Europe, the 
national government is exclusively authorized to regulate our 
foreign affairs, and guard against tliose projects of other na- 
tions, which may be tliought injurious to the honour, or dan- 
gerous to the safety, of the United States. We are therefore 
at liberty, as members of this government, to direct our whole 



aftentton to tliose poiafs which concern the internal welfafe 
and prosperity of the commonwealth. 

The respective States are indeed authorized by the constitu- 
tion to appoint officers, and train the militia according to the 
discipline prescribed by Congress ; and the faithful execution 
of this trust in each State is important, not only to itself, but 
to every other : it is particularly so, when the great powers of 
Europe aie at war. This subject was suggested at the former 
session, and you will now iiavc more leisure to attend to it. • A • 
law of congress requires that there shall be one brigade-quar- 
ter-master to each brigade, and one chaplain to each regime?>t 
of the militia : out no directions have been' given, in'' what 
manner they shall be appointed. Nor is there any express 
provision by our militia law for the removal of a non-com- 
missioned officer, who is guilty of misbehaviour, or is incapa- 
ble of performing his duty, excepting in the case of his receiv- 
ing orders to warn a meeting of the company, and neglecting 
to do it ; he is then subject, upon conviction, to pay. a line, 
and to be reduced to the ranks. This silence of the statute 
concerning any other mode of removal, has, I am informed, oc- 
casioned disagreeable disputes, which you will probably think 
it expedient to prevent in future. There has also, in some in- 
stances, been much difficulty in obtaining the service of a suit- 
able person, as judge-advocate in.- trials before courts martial, 
as the disputes in those cases are often between officers, jwid of 
a delicate nature^ and the appointments are occasional, and the 
service voluntary.: Perhaps you will deem it proper to remedy 
this inconvenience, by mailing provision, by law, for the ap- 
pointment of a judge-advocate, as a permanent officer, in each 
division. Oliier amendments of the system may occur to you, 
gentlemen, which are of greater importance, and would more 
essentially tend to advance the reputation and good order of 
the militia. 

Such prt)gress lias been made in building the State prison, 
that you may think iii, in the course of the present session, to 
assign it as the place for the reception and continement of con- 
victs who are sentenced to hard labour ; and to establish re- 
gulations concerning the appointment and conduct of the keep- 
er, and tile manner in which prisoners shall be restrained and 
supporled. la almost every country there have been com- 



&8 

plaints, that the confinement of prisoners has been attendedi 
with unnecessary rigour. That the jailors have been charge- 
able with seventy and extortion, and that the want of cleanli- 
ness has rendered prisons so unhealthy, as to endanger the 
lives of" persons confined in them» But, as the management of 
the State prison, and the conduct of the superintendant, will 
always be under the immediate inspection of- the government, I 
hope there will never be any cause for such complaints, from^ 
the manner in which tliis establishment sh^U be conducted. 

It seems to be agreed, that the power of pardoning offences, 
after conviction, includes the right of granting pardons, upon 
condition that the offenders shall be confined to hard labour 
during a specified term. This power has therefore been so ex- 
ercised from the commencement of the government under the 
constitution, and in some cases has been highly ikseful, in order 
that justice might be administered in mercy, it is impossible 
for the wisdom of man to make general laws so perfect, as to 
suit every particular case. A fevsr crimes only are made cap- 
ital by our laws ; but the degrees of guilt in persons convicted 
of the same crime may be so ditlerent, as to render it fit and 
iiecessary to make a difl^erence in the punishment, and to soften 
the rigour of the law, when favourable circumstances appear 
in the criminal's case.— The man, who enters unarmed into a 
dwelling-house in the night time, and steals, to satisfy his hun- 
ger, is obviously less criminal than he, who breaks it for the 
purpose of rifling the house, and arms himself with design to de- 
stro3'the life of the owner if he obstructs him. In the first- 
case the offence seems to be little more than simple larceny, . 
and the punishment of death would only excite compassion for 
the delinquent ; in the latter, the ofTemler discovers a most de- 
praved and malignant spirit, and his life would be thought dan- 
gerous to society. 

While the castle remained in possession of this State, it 
was employed for the confinement of convicts, who at their 
own request had received a conditional pardon. If it shall be 
thought proper to make use of the State prison for the same 
purpose, it may be necessary, by a legislative act, to authorize 
and direct the sberif!', who has an offender in his custody, upon 
receiving a certificate in writing from the secretar^s that such 
©ifender is dlowed the benefit, ofa pardon upon condition of hia 



«9 

CDiinnement to labour at the State prison, to remove him thi- 
ther, and to direct the superinteiidanl to receive and retain him 
in prison, under such rci^latious as shall be prescribed for the 
restraint and employment of convicts, until the term of his im- 
prisonment shall expire, or until he shall be otherwise entitled, 
to his liberty. 

The robberies that have been lately Gomniitted in this 
neighbourhood, have caused great anxiety and alarm to the 
good people ; and seem to require that some further measur^\s 
should betaken by the government to prevent the repetition of 
such high crimes, or to brir^g the perpetrators of them to pun- 
ishment. Permit me to suggest to your consideration, whether 
it will not be expedient, by an act of the legislature, to offer a 
reward to any person who shall apprehend any robber, and 
prosecute him until he be convicted oi the robbery : and al- 
so to decla.-e, that, if any person has committed, or shall here-' 
after commit, a robbery, and, being out of prison, shall after- 
wards discover one or more, who has been or shdll hereafter 
be guilty of any robbery, so that he or they may be convicted 
thereof; such discoverer shall be entitled to a pardon for all 
robberies which he siiall have committed before such- discov- 
ery wa3 made. 

In conformity with the resolve of the 5th of Uist March, I 
wrote to the secretary of war, proposing, that the demand of 
this commonwealth against the United States, for the ordnance 
and military stores delivered for their use, should be referred in 
tlie manner recommemled by that resolve. In his answer the 
secretary declined the proposed reference, and adhered to the 
proposition he had before made, that there should be anew 
appraisement of the ordnance and stores, excepting the cannon 
tliat were delivered for the ship Constitution, and those deliv- 
ered with the castle, from which the trunnions had been broken 
off, which he refused to consider as the property of the United 
States. By advice of the council I acceded to this, on condi- 
tion that the estimate should have relation to the time when the 
articles were delivered,, and thatJntcrest should be allowed on 
the appraised value. lie soon after informed me, that he had 
directed the appraiser ap])oinled by him to attend to the busi- 
iie^s -and c»b--erved, that he c^juld not undertake to give a po- 

4i'^ 



90' 
• • • • 

titive opinion on the subject of interest, but that whatever hatB 
been the usual practice at the treasury in similar cases would- 
undoubtedly be done. The articles not objected to were ap-^ 
praised at 21,336' dollars and 87 cents, the appraisers certify-- 
ing that they were of that value when delivered ; and I re- 
quested the secretary of war, if he consented to the payment of 
interest, to pay the whole amount to the treasurer of this State. 
He has lately enclosed tome a report from the accountant of 
the war department, stating that our claim of interest is inad- 
missible, unless specially granted by congress. He also inform- - 
ed me, that the trcanirer of the United States had been direc- 
ted to pay the principal sum to the treasurer of this State. The 
papers relative to this subject will be delivered to you by the 
secretary. 

A copy of an article of amendm.ent proposed by congress 
to be added to the constitution of the United States, respecting 
the election of president and vice-president, has been transmit- 
ted to me by the president of the United States, and will be laid 
before you. 

I have also received from the depaitmcnt of State three 
boxes, supposed to contain eleven hundred and five copies of 
the laws of the United Stales. They are deposited in the office 
of the secretary of the commonwealth,- to be disposed of as the 
legislature shall direct. 

I'hat I may dytain yon, gentlemen, no longer at this time,. 
I will communicate by message any other circumstances, of 
which 1 may be infprmed, that shall have a claim to your no- 
tice ; and I flatter inysdf, that, during the session, we shall- 
cherish sentiments of mutual friendship and respect, and not- 
sutler pci«onal disagreement or party interest to divert us, in 
any instance, from the practice of those duties which we owe- 
to the publick and to one another. 

CALEB STRONa 



91 

• • • • 

ANSWER OF THE SENATE. 



May it please your Excellency ^ 

THE various subjects which were under consideration at 
the former session of the legislature, but not then brought to 
maturity, on account of the season of the year, will now be re- 
sumed and prosecuted with the degree of attention they are re- 
spectively thought to deserve. We are particularly impressed 
with the im^jortance of attending te the judicial department of 
government. The prosperity of the community greatly de- 
pends on a prompt and impartial, a wise and virtuous, adminis- 
tration of justice. It shall therefore be our endeavour to re- 
medy any defects which experience may have pointed out in- 
our present judiciary system, and, with your excellency, we 
hope the result will tend to promote that great object of all wise 
legislation, the happiness of the people. 

Your excellency's just remarks on the change in the poll- 
tical affairs of Europe since our last meeting, and the new war 
kindled there between the nations with whom we have the 
greatest intercourse, naturally leads the reflecting mind to la- 
ment the complicated miseries they suffer, amidst scenes of de- 
struction and alarm, and at the same time to rejoice in the dis- 
tinguished blessings, which we, as a nation, are enjoying in a 
state of neutrality and peace. While contrasting their situa- 
tion with our own, as a ground of patriotick attachment to our 
government, and religious 5;ratitude to the great disposer of e- 
vents, we agree with your excellency in the importance of per- 
forming the duties, as the best means of secuimg the rights and' 
advantages of a neutral character. Confiding, however, in the 
constituted authorities of the union, to regulate our foreign 
concerns, we rejoice that we nva at liberty, as members of th@ 
government of ivlassachu setts, to turn our whole attention to 
the internal welfore and prosperity of the commonwealih. 

The constitution of the United States having authorized 
congress to provide for orguniz'ng and disciplining the militia, 
reserving to the respective States the trust of appointing the of- 



55 
• • • • 

ficers and training the militia, agreeably to the organizatiori- 
and discipline prescribed by congress ; the senate feel the pro- 
priety of carrying into effect, so far as depends on this go- 
vernment, the laws of the United States on that subject ; par-- 
ticularly the late act requiring among other things, the appoint- 
ment of brigade-quarter-masters and regimental chaplains. At- 
tention shall also be paid to the mode and causes of removing 
non-commissioned officers, and to the recommended provision 
of a judge advocate, as a permanent officer in each division, so 
far as upon investigation may be tound requisite, and consist- 
ent with the constitutional distribution of powers between the 
general and State governments. 

We are happy to be informed, thut such progress has been 
made in building the State prison, that it may soon be assigned 
as a place for the reception and confinement of convicts senten- 
ced to hard labour. The senate will readily co-operate in any 
legislative measures necessary to effectuate the design of that 
institution. 

Impressed with the considerations mentioned by your ex- 
cellency, in favour of granting pardons, in certain cases, to 
convicts under sentence of death, upon condition of their sub- 
mitting to imprisonment and hard labour ; and considering 
that such commutations of punishment require a concurrent 
exersise of the executive power of })ardoning, and the authori- 
ty of the legislature to provide a legal substitute for the punishv 
rnent remitted ; the senate will attend to the expediency of 
making some general provision b^v law for that purpose. 

With regret we have heard of repeated instances of robbe^ 
ry committed in this neighbourhood, and will deliberate upon 
the measure recommended by yout excellency, and any other 
means, which may be deemed most effectual to restrain the 
commission of such outrages upon the persons^ and property of 
peaceable members of society, or to bring the perpetrators to 
detection and punishment. 

The conduct of your excellency in pursuance of the re*- 
solve of the 5th of last iVIarch, relative to the demand of this 
commonwealth against the United States for ordnance and mi- 
litary stores delivered for their use, meets with the entire ap.- 
probution of the senate. 



^3 



The resolution of both houses of congress proposing an a- 
mendmcnt of the constitution of the United States, respectinw 
the election of president and vice-president, shall receive froiu 
the senate that serious consideration, which its importance de- 
mands. 

On that and all other subjects, which may be communi- 
cated, or occur during the session, we beg leave to assure your 
excellency, that we will cordially unite in the effort, to cherish 
sentiments of mutual friendship and respect between the respec- 
tive governments and departments of government, to which wg 
are related, as legislators, or as citizens ; and to suffer no per- 
sonal disagreement, or party interest, to divert us from the 
practice of those duties which we owe to each other and to the 
publick. 



ANSWER OF THE HOUSE. 



May it please your Excellency, 

THE season of the year prevented our prosecuting th* 
consideration of many important subjects at our last session.. 
We shall endeavour to bestow that attention upon them at this 
time, which they respectively deserve. Among these, the state 
of the judicial department is highly interesting. The great 
accession of wealth and increase of population in this State 
render it necessary to revise the judiciary system, and enquire 
what further provision can be made, in order that justice may 
be administered to every one promptly ar\d without delay. 
We hope that our deliberations on this and all other subjects, 
which may be discussed among us, will terminate in measures 
tending to promote the happiness of our constituents. 

The deep cornmiseration, which every sincere christian and 
every mind possessing the feelings of humanity must experience 
for the misery occasioned by the new war commenced in Eu- 
rope can receive little alleviation from. the idea that our owrx^ 



• • • • 

pecuniary interests may be promoted by it. The increase of 
wealth, we are fuliy sensible, is coo frequently accompanied 
with the increase of vice. Vast abundance and rapidly accu- 
mulating riches often tend to excite seliii^h and unfeeling prin- 
ciples, strengthen the desires of the avaricious to hoard, and^ 
induce the profligate to extend the sphere of their licentious' 
indulgence ; thus dissipating and demoralizing a people,and 
sometimes entirely destroying their virtue. The laws -of na- 
tions respecting neutrals we consider ouri>elves bound to observe, 
and, whenever individuals have the temerity to infringe them, 
the consequences must entirely rest with themselves. 

The regulation of the militia claims, and will receive, our 
early attention ; and we indulge the hope, that we shall be 
enabled to apply those remedies to existing inconveniences, 
which are suggested by your excellency. 

We receive with pleasure the information, that the State 
prison will speedily be prepared for the reception and confine- 
ment of convicts, who are sentenced to hard labour. As the 
management of this prison will be under the immediate inspec- 
tion of the government, we cannot doubt that due attention 
will be given, tQ preserve the health of the prisoners, and pre- 
vent extortion and all unnecessary rigour and severity. 

While it is agreed, that the power of pardoning offences 
after conviction includes the right of granting pardons, upon 
condition that the otTenders shall be confined to hard labou» 
during a specified term ; when favourable circumstances appear 
in the criminal's case, it will be proper to soften the rigour of 
the law. To aid the executive in the exercise of this power,,- 
every necessary act will, we believe, be passed by the legisla- 
ture. 

All measures, v^^hich have a tendency to prevent the re- 
petition of the high crime of robbery, which has recently ex-* 
cited great alarm among the citizens of this commonwealth, 
and to bring the perpetrators of it to punishment, will be readi-- 
ly adopted. 

'i'he account given of the conduct of the executive, rela- 
tive to the demand of this commonwealth against the United. 
States for the ofdnance and military stores delivered for their. 
^se, is entirely satisfactory to this house. 



• • • • 

■ The article of amendment proposed by congress to he ad- 
ded to the constitution of the United States will be duly con- 
sidered. We shall enter upon, and pursue, the discussion of 
this subject under impressions of the highest respect and vener- 
ation for an instrument so valuable as the constitution of the 
United States ; the deliberate production of our first and long 
tried patriots, united with our most enlightened and experienc- 
ed statesmen. 

Any other communications, which your excellency may 
make to us, will receive our prompt attention, and, while we 
entertain the highest esteem for the person and character of 
your excellency, we shall cherish sentiments of mutual friend- 
ship for each other ; and, avoiding all personal disagreement 
or party discord, it will be our endeavour undeviatingly to pur- 
sue those objects which may conduce to the publick peace, 
prosperity and safety. 



• • .• • c^a • 



BY HIS ExcELLE^^CY CALEB STRONG) esquike, 
Governoiir of the Commonwealth of Massachusetts, 

A PROCLAMATION 

.For a DAY of PUBLICK FASTING and PRAYER. 

AS we receive from the goodness of the Supreme Being, 
not only our individual advantages and enjoyments, but all 
the publick and social blessings with which we are encompassed ; 
it is highly proper for us, at the opening season of the year, in 
a publick and solemn manner to acknowledge our entire de- 
pendence upon His unremitted bounty ; and to implore His 
forgiveness, and the grant of such future support and protection, 
as may be necessary for us. 

I do therefore, agreeably to the long established usage in 
this State, and with the advice and consent of the council, ap- 
point Thursday, the fifth day of April next, to be observed 
throughout the commonwealth, as a day of publick fasting and 
prayer ; and do hereby request the ministers and people oi 



9^ 

• • « • 

'ill© various denominations of christians, to meet together on 
that day, that with humble and penitent hearts we may confess 
our multiplied transgressions, and entreat the forgiveness and 
t'eneficence of that Gracious Being, who is attentive to the 
circumstances of all His creatures, and who fulfils the desire* 
of them that fear Him, and hope in His mercy. And beseech 
Him that, in the course of the year to come. He would be sit- 
rety for us for good, and guard us in those situations of danger, 
which no prudence or care of ours can foresee or provide 
against ; — that He would guide and prosper our national and 
State governments ; — that our magistrates may exert themselves 
to unveil and defeat every dishonest practice ; to guard the in- 
nocent and weaken the power of the oppressor ; — that those, 
who are employed to instruct others in the doctrines and du- 
ties of the christian religion, may themselves experience its 
Divine power and efficacy, and illustrate by their example its 
beauty and truth ; — that christians of every denomination may 
be distinguished by the candour of their sentiments, and the 
active goodness of their conduct ; — that th^ virtues of sobriety, 
frugality and regard to the publick welfare may prevail in eve- 
ry class of the people ; and that we may all pursue the busi- 
ness of our respective stations and professions in life with indus- 
try, and with a fixed dependence on the Divine Blessing, as ab- 
solutely necessary to our success. 

That, in the course of the ensuing season. He would pros- 
per our husbandry, and cause the earth to yield its increase:; 
— that He would preserve the health of the people, and save 
them from wasting and infectious diseases; — that He would 
grant success to our trade, manufactures and fisheries; — that 
He would regard with favour our university and other seminar- 
ies of learning, and make them eminently useful in diffusing 
knowledge through every part of the State ; and that our pos- 
terity may ever enjoy the advantages of religious and moral in- 
struction, and the means of literary improvement. 

That He would restrain the passions of ambition and ra- 
pacity, which have been so fatal to the repose and happiness of 
mankind ; — that the nations, who are engaged in war, may be 
inspired with sentiments of justice, and of mutual forbearance 
.and friendship ; and that Divine Grace may remove all oil- 



fractions to a free course of the gospel, arid cause its influence 
to be every where extended. 

And the people of this State are requested to abstain 
ffom unnecessary labour and recreation on the said day. 

Given at the Council Chamber in BostoH, tliis seven- 
teenth day of February, in the year of our Lord 
one thousand eight hundred and four, and in the 
twenty-eighth year of the independence of tli« 
United -States of America. 

CALEB STRONG. 
By his Excelkncy^s coinmand, with the \ 
advice and consent of Council. 3 

JOHN AVERY, Secretary. 
COD save the commonwealth of Massachusetts. 



-'•••« • •* 



SPEECH 

^"DELIVERED JUNE 5, i8(H. 

^Wenflemen of the Senate, and 

Gentlemen of the House of Repf'esentaiives, 

THE obligation, which m'c have taken upon ourselves, to 
perform the pubiick duties incumbent on us agreeably to the 
rules and regulations of the constitution, requires us to protect 
our fellow-citizens ir. the enjoyment of their lives, liberty, and 
property ; and demands of us an exact observance of the prin- 
ciples of the constitution, and a constant adherence to those of 
piety, justice, moderation, temperance, industry and frugality, 
in the formation and execution of the law s necessary for tlie 
good administration of the commonwalth. 

An impartial distribution of justice to all the people is of 
the highest importance, to preserve an equality among them and 
enable them to enjoy that liberty, which, under the protection of 
Jaw, secures their lives and property ; and to unite them more 
closely together, and attach them more firmly to the State. 

A people enjoy the most perfect civil liberty, when the 



9S 
• • • • 

government, under which they arc placed, is of their own 
choice ; when they conform to laws which are enacted by them- 
selves or their representatives ; and when no duties are enjoin- 
ed, and no restrictions imposed by those laws, which are not 
conducive to the general happiness. 

It is. obvious then, that nothing is more opposite to liber- 
ty, than licentiousness. Wherever there is liberty, the people 
are subjects, not of men, but ©f the constitution and laws ; for 
liberty consists in doing only what these permit. It forbid* 
us to allow ourselves in any pursuits which are injurious to 
others ; for, if such permission were given to us, it would also 
be indulged to them. It implies, that, within the limits of 
law and justice, we may act according to our own choice, and 
take such measures as we believe are conducive to our own 
happiness. The people, therefore, are free, so long as they 
are under the restraint of equal and just laws. But their free- 
dom is lost, when the passions of me»n are unrestrained, and the 
laws are violated with impunity. The reign of justice is' then 
over^ and there is an end of manners, liberty and virtue. To 
escape from this state of licentiousness, the people, in some 
countries, submit to the control of a single tyrant^ because 
ihey think it more tolerable to have one tyrant than a 'thous- 
and. In a free State, therefore, the citizens ought to be guard- 
ed against the attempts both of indiscreet men, who, irom a 
mistaken zeal for liberty, would introduce anarchy and con- 
fusion ; and of ambitious men, who assume the garb of patriot- 
ism, and employ their talents to enflame the passions of the peo- 
ple, and excite their contempt of decency and order. 

Upon order the pubiick happiness IS founded; without it 
society is a state of violence ; and to maintain it is to restrain 
injustice and oppression; to guard the life and property of one 
man against outrage from another ; to protect the simple and 
innocent from the attempts ot artifice and fraud ; — and to pro- 
duce such a state of tranquillity, that the most defenceless a- 
mong the people may be safe, under the protection of govern- 
ment. 

The principle of equality among the citizens is recognized 
and established by the constitution. It is an equality of rights, 
which ensures the same protection to each individual, and re- 
quires that all men of every description shall be amenable to 



99 
• •- • • 

j-tTstice. I?- results from equal government and impartial laws., 
when the way to honour aiui preferment is open to every one; 
and the pretensions of no citizen are limited, except by tlie 
distinction of merit and capacity. But an equality of property 
never can exist, until aM men have the same faculties, and are 
equal in prudence and indu'^rry ^ and, even if they w&i-e per- 
fectly similar in these respect?, still their property would be un- 
equal, unless providence should shine alike upon the labours of 
all, and grant to every man an equal share of prosperity. 
The- inequality of property, therefore, aiises from the nature of 
things^:and not from any defect in the form or administration 
of government. All, that the best government can do, is to 
prevent that inequality, which fraud, oppression or violence 
would produce ; to encourage frugality, and, as far as justice 
and the constitution v/ill permit, to restrain luxury and pro- 
fusion; anv^ to protect the lawful possessions of every man, so 
that each may enjoy the fruits of his labour in perfect security. 

But, though a spirit of equality is favourable to publick 
happiness, an extreme degree of it is sometimes injurious and 
disgraceful. This happens, v/hen manners are exceedingly de- 
praved, when upright magistrates are no longer respected, and 
parents and publick instructors are treated with rudeness and 
insolence, when the child behaves himself proudly against ihe 
antient, and the base against the honourable, and the natural 
and necessary distinctions in society are disregarded. 

The terms liberty and eqiialiti/, in their true and just im- 
port, describe essential lights in )k republick, which ought to be 
assiduously preserved and cherished ; but they are so liable to 
misconstruction, and have been undertood in such different 
senses, that, I presume, you, gentlemen, will not think it un- 
worthy of you, to assist our fellow-citizens in forming correct 
opinions concerning them. For, if on these [>oints they should 
entertain mistaken ideas, they might be in diinger of losing 
substantial benefits, by aiming at those which are imagiiiary. 

In some nations, the genius and habits of the people seem 
not to admit of a free governm.ent ; they appear to be incapa- 
ble of that just and reasonable obedience to the laws, which 
is necessary in a free state. Few indeed have been wise 
enough to enjoy perfect liberty with moderation. How far 
the people of the United States are possessed of this wisdom, 



100 

a • • • 

must appear from the experiment they art now maWng, wpoa 
the issue of which, every thing valuable to us depends. You^ 
gentlemen,! have no doubt, will be solicitous to contribute to 
its success, by a faithful di;>tharge of your duty. But all the 
efforts of legislative wisdom will not be sufficient, without the- 
aid of those institutions, which form the manners and morals 
-of the people ; and which te.id to in'^pirethem with veneratiou 
for the Supreme Beings with reverence for just authority, and 
respect for themselves. 

I have received a letter from the justices of the supreme 
judicial court, representing, that the late act of the legislature, 
making further provision in the judicial department, is highly 
inlere^ing to them personally, and as it affects their official re- 
sponsibility ; that these considerations have induced on their 
part a critical examination of the arrangement of the terms of 
the Court proposed by the act, and a consultation together up- 
on the. probable effects of the system in other views of it; th« 
result of which is a conviction, that the arrangement is in a 
great degree impracticable, and that the operation of the sys- 
tem will not, in aivy degree proportionable to the inconvenien- 
ces of it, promote the more effectual administration of justice. 
They have also stated the system, which, upon consideration, 
ti^y believe most conducive to the security of the citizens ^^ 
and, in order to communicate their ideas with most precision, 
and accuracy, they have transmittc-d to me two bills, which 
comprise the particulars of that systefli. The letter and the 
bilk Will be laid before you by th« secretary; and, I presume^ 
you will consider the subject with that degree of attenlioa 
which is due to the importance of it, and to the opinions of the, 
magistrates by whom the alterations are proposed. 

In the course of this year there will be an election of pres- 
ident and vice president of the United States ; and it will be 
incumbent upon the legislature at the present s(?ssion, to direct 
the mapner, in which the electofa.on the part of this State shall, 
be appointed. But gentlemen, it is unnecessary to mention the 
particular subject'?, which, now require your notice. They wil)., 
occur to your reflection, and, I am persuaded that you will at- 
landi to them with the fidelity and zeal, which an enlightenetL 
l*fve of yoar coualry inspired. Eor myself, 1 shall be »olicitoua^ 



M?2 






lilt -o: ^uj\e^ 



?tgnign5S!y. 



cjojCB sntotso. 



AXSlTt^ OF I^£ SLXaIX 



OS" 






• • • • 

end exdie their contempt of decency and order." JV/itneterf 
therefore, in any country, a class or description of men arises,^ 
ynakijig hmd and exclusive pretensions of friendship for the people, 
yet supporting those pretensions by no rare instances of private or 
public virtue ; uhcn such a class or description of men set them- 
selves assiduously to deceive and corrupt the people, striving, by 
subtle insinuations and by the circulation of anonymous falsehoods, 
to deprive honomxilne and virtuous 7nen cf the fair rewards of 
their talents and integrity, it becomes all those, who have a real 
regard for the people, and xcho possess-a j ust and noble zeal to per- 
petuate the blessings of liberty, order and religion, to be vigilant y 
active and iastapJ,,to nurtntain the fundtnnent at principles of a free 
government, '■'•piety, justice, moderation, temperance, industry 
and frugality ;'' and " to haxe a particular attention to all thos^ 
principles in tJte choice of their officers and representatives.'' 

The senate fully concur in sentiment with your excellency, . 
that the public happiness is founded on order ; and that, to 
liiaintain it, injustice must be restrained ;. life and property 
guarded against outrage ; the simple and innocent placed in: 
security from artiiiceand fraud,. and such a state of tranquillity 
produced, as that the most defenceless will be safe under the 
protection of government ; and your excelleiw:y may rest as- 
sured, thai, in ail our deliberations concerning public or pri- 
vate right and interests, they will keep constantly in view those 
great, just and constitutional principles of rational liberty and 
practical equality, which your excellency has been pleased to 
elucickiie. And, as, on the one hand, it shall be their assidu- 
ous study to preserve and cherish the equality of rights, which 
consists in assuring protection to each individual ; in the amena- 
bility of all n>en,. of every description, to justice ; in ecjual go- 
vernment and impartial laws ; so, on the other, it shall be their 
solicitude to restrain that injurious and disgraceful spirit of e^ 
quality, falsely so stiled, which would prostitute the honours 
and prefermeht?> otthe peoj)le, due only to merit and capacity, 
to criminal ambition un<l intrigue; a spirit Svhich never fails t^ 
arise in a republick, " when manners are exceedingly depraved, 
when uprigiit magistrates are no longer respected, and parents 
and public instructors are treated with rudeness and insolence;, 
i^Uen.the child. bvhvLves hiioself proudly against the antient^ 



» • • • 

and the base against the honourable, and the natural and ne- 
cessary distinctions in society are disregarded." 

The Senate entirely coincide in the sentiments of your ex- 
cellency, that " in some nations the genius and habits of the 
people seem not to admit of a free government, and that they 
appear to be incapable of that just and reasonable obedience, 
which is necessary in a free State." A wise people, therefore, 
like that of the United States, engaged, sincerely and heartily, 
in the great experiment of ascertaining the capacity of the peo-- 
pie to enjoy perfect liberty with moderation, should admit,., 
with great circumspection, the subjects of such nations to a free- 
participatiou in their political rightsand privileges ; and should, 
also, at all times, patronize " thoee institutions, which form the^ 
manners antl morals of the people,* and which tend to inspire 
them v.'ith veneration for the I'^-uprerae Being, with reverence 
for just authority, and respect for themselves." 

The com no uni cations mad^ by your excellency, relative 
to the choice of electors of president and vice-president, and to 
the judiciary department, shall receive that attention whiclt 
the high nature of those subjects demand. The senate have a 
deep conviction of the importance of an impartial distribution 
of justice ; to the attainment of v;hich, a practicable and con- 
venient system, as well as independent judges and enlightened 
and upright jurors, is essentially necessary.. 

Your excellency may always rely on the zealous co-ope* 
ration cf the senate in all measures, which tend to render tha 
State respectable, to promote justice among our fellow-citizens 
smd securs to them a life of quiet and tranquillity^' 



tO^' 



A^'SWER OF THE HOUSE 



May it please your Excellenci/y 

THE house of representatives, deeply impressed with tht- 
obligation they have taken upon themselves, to perform the 
publick duties incumbent upon them, agreeably to the rules 
and regulations of the constitution, will on their part faithfully 
endeavour to protect their fellow-citizens in the enjoyment of 
their lives, liberty and property; and scrupulously observe the 
principles of the constitution ; and constantly adhere to those^ 
of piety, justice, moderation, temperance, industry and frugal- 
ity, in the Ibrmation of the laws necessary for the good admin- 
istrfttion of the commonwealth. 

We are highly sensible of the importance of an impartia^ 
distribution of justice to all tlie people, to preserve an equal- 
ity among them, and to enable th«ni to enjoy that liberty, 
which, under the protection of law, secures their liTes and pro- 
perty, and to unite them more closely together, und attach them 
more firmly to the State. 

We perfectly and most sincerely agree with your Excel- 
lency, in your sentiments of civil liberty ; i» your estimation 
of order and regularity in society, and in your definition of e- 
quality. 

Although it be obvious to thinking and cultivated minds, 
that nothing can be more opposite to liberty, than licentious- 
ness ; yet it is no less obvious, that, by the umlistinguishing, 
tlie one is frequently confounded with the other. 

To a destitution of correctness of the publick sentiment, 
on this subject, are unquestionably to be imputed m.ost of the 
evils, which have, in antient as well as modern times, disturbed, 
convulsed, and subverted to their foundations, those sections 
tif the world, on which attempts have been made to maintain 
republican forms of government. 

Knowing, as we do know, that it is infinitely easier to en^ 
kindle enthusiasm, and to set on fire the zeal, than to inform 
the understanding ol" man, we cannot watch too critically, or 



JQ5 

shield ourselves too strongly, against ambitious and designing- 
men, who assume the garb of patriotism, and employ their tal- 
ents to intlame the passions of the people and excite their con- 
tempt of all decency and order. 

It is utterly impossible for us to hesitate- to concur with 
your excellency in the position, that all other equality, thaa 
that of rights, is wholly inconsistent with the nature of things. 

Liberty and equality, as defined by those Utopian philo- 
sophers, who have adopted the scheme, that love and reason 
impose upon each individual every necessary restraint, and vvho> 
with rapid strides, are travelling on with man to the perfect- 
ibility of human nature, are highly calculated to undermin* 
all rational liberty, to prostrate all civil society, and to blot^ 
from the face of earth all sorts of government. 

Your excellency may be assured, that we will spare no 
exertions to assist our fellow-citizen, in formin<^ correct opin- 
ions of the terms liberty and equality. 

We are feelingly alive to the importance of the experi- 
ment, now making in our land, as to the capacity ci the Ame- 
rican people to enjoy perfect liberty with moderation, which, 
has hitherto proved successful. — We shall certainly be solicit- 
ous to contribute to its success by a, laithful discharge of our- 
duty. And we sincerely reciprocate the sentiment, that all the 
efforts of legislative wisdom will be unavtviling, '* without the 
aid of those institutions, which form the manners and morals* 
of the people, and which tend to inspire them with veneratioiv 
for the Supreme Being, with reverence for just authority and 
respect for themselves." 

To the communication of your excellency, upon the sub-- 
^ct of the judiciary of this commonwealth, we will most cheer- 
fully pay every attention, that the importance of the subject- 
and the high respectability, of the magistrates, by whom the al-- 
terations of the present system, are suggested, demand. 

The house of representatives will not fail to afford their 
aid in directing the majiner, in which the electors, on the part-, 
of this commonwealth^ of president and vice-president of thej. 
United States, shall be appointed. 

We rely, with that perfect confidence, which the purity 
and eminence of your excellency's character, and our past hap*, 
py experience, of the fruiis of your abilities, wisdom, and yix,^ 



106 
• • • • 

♦ttes, fuHy autIioriz«, that you will co-operate tvitli the two^ 
branches of the legislature, " in such measures as shall tend to 
render the State respectable, to promote justice among our 
fellow-citizens, and to secure to them a life of quiet and tran- 
quillity/^— We at the same time beg you to accept our assur- 
nnces, that we will adopt, and faithtully preserve, every prop- 
er mean to effectuate the same ends. 

We, on this occasion, congratulate your excellency, and 
ourselves, on your re*election to the first executive of^ce of 
this commotiWfaUh. We consider that our fdlow-rittzens^ 
•whikuhey have paid a tributf of gratitude to merit, have 
strikingly evjncfd their own integrity, indtpendonco and dis- 
cernment, by thus again exalting you to this high station. 



ly HIS ^EXCELLENCY CALEB STRONG, ESQTyinE^ 

Governour of the Commonwealth of Massachusetts, 

A PROCLAMATION 
Tgr^n DAY of PUBLIC THANKSGIVING, and PRAISE, 

THE wisdom and beneficence with which the Almighty 
presides over all events, and the constant care, which he has 
exercised towards us, make it our duty, in a publick and so- 
lemn manner, to adore his providential goodness ; in giving us 
n nature capable of sublime services and enjoyments; in guard- 
iag us from innumerable publick and private calamities ; in af- 
fording us a competent supply of the necessaries and comforts 
of life ; and es^pecially in giving His Son to redeem us, and His 
Spirit to purify our hearts, and form them to sentiments of pi- 
ous and aiTectionate gratitude. 

1 do therefore, agreeably to the immemorial usage in the 
State, and with the advice and consent of the council, appoint 
Thursday, the twenty-ninth day of iVoie»jZ'e?' next, to be observ* 
ed, as a day of publick thanksgiving and praise. And the min- 
isters and people of the respective reHgious societies in this com-- 
monwealth, are requested to meet together on that day, that 
^s:© may join in a rea&onabl& and delightfulhomage to thatgra- 



• « • • 

cious Bieing, who is worthy of all honour, and exalted aljovt 
all praise ; and render Him our sincere and humble thanks for 
the displays of His goodness in the infinite variety of the works 
of nature, in the agency of Providence, and the plan of Re- 
demption ; — for the civil and religious privileges, by which the 
United States are distinguished ; — for the maintenance of pub- 
lic peace and order ;-~for the uncommon measure of health 
which the people of this State have enjoyed in the course of 
the last year ; — for His blessing on the labour of the husband- 
man, and that merciful disposition of the season, in whichJiis 
Providence has been attentive both to our necessities and en- 
joyments ; — for the success which he has granted to our com* 
merce, manufactures and fisheries ; — and for all the benefits 
He has conierred upon us j-r-and his great goodness and mercy 
towards us. 

And, while we celebrate the praises of the Most High, let 
us humble ourselves before Him for our numerous and aggra- 
vated transgressions ; — and beseech Him that, with the gifts of 
His bounty, he would grant us the communications of his en- 
lightening and sanctifying spirit, without which we shall abuse 
the richest of His providential favours ; — that He would pros- 
per the administration of our public affairs; — and that our na- 
tional and State governments may be established in righteous- 
ness ; — that He would smile upon, and succeed the means of 
publick instruction and education ; — that he would preserve 
the people from the influence of malignant passions ; — and that 
wicked men may be restrained by the fear of His vengeance 
from destroying tlie reputations and lives of the innocent; — that 
He would remove out of the minds of men the pride and vain 
philosophy, which oppose the reception of the gospel ;— that 
He would form them to an impartial judgment, and conquer 
the prejudices, which they entertain against His appointed me- 
thod of salvation ; — that He would make wars to cease unto 
the ends of the earth, and cause the divine principle of chris- 
tian charity and benevolence universally to prevail ; — and that 
His will may be obeyed with the same constancy by men on 
earth, m by angels in heaven. 

And the people of this State are requested to abstain, on 
the above mentioned day, from such labour and recreation as 



108 
• • • • 

ere inconsistent with the devotional services liereby recpxn* 
mended. 

Given at the Council Chamber in Boston, this eigh- 
teenth day of October, in the year of our Lord., 
one thousand eight hundred and tour, and in the 
twenty-ninth yearof the independenceof the United 
States of America> 

CALEB STRONG. 

"Bj^ his Excelfencfs coynmand, tiith the 1 
advice and consent of Council, 3 

JOHN AVERY, Secretary, 
€OD lave the Commonwealth of Massachusetts, 



SPEECH 

DlELTVERED NOVEMBER 16, 1804. 

'^Gentlemen of the Senate^ a7id 

Gentlemen of the House of Representatives, 

THE unfinished business at your last meeting, lam in- 
formed, was referred to the third session of the legislature ; — 
I presume therefore, that your principal object at this time will 
1)6 to complete the choice of electors, on the part of this com- 
monwealth, of a president and vice-president of the United 
States ; and that you will be unwilling, at the present session, 
to attend to any subjects, which may conveniently be postpon- 
ed. If the choice of electors is not perfected by the votes of 
the people, I have no doubt, that the trust, which remains to 
be executed by you, will be discharged faithfully, and your 
conduct will be governed by the single motive of love to your 
country. 

In pursuance of the act of congress, passed on the 26^th 
^larch last, the secretary of State has notified me, that the a* 



Jnendnicnt, proposer] durinf]: the last session of congress,* to the 
constitution of ihe United Slates, has been ratified by the le- 
gifelatures of three fourths of the several States. Tlie letter, 
which contains this notification, is filed in the office of the se- 
cretary of this commonwealtli, and a transcript of it will be 
delivered to the electors, who are, or may he, chosen on the 
part of this State. 

The quarter-master-general informs me, that, in tlie late 
violent storm, \\\o buildings on liospilal Island, the property of 
'the commonwealth, were blown down; and that he thinks it 
highly necessary, that others should be erected in their place, 
as soon as may be. The appropriation made for his depart- 
mcnt for the ppjsent year, he supposes v^ill be J.uihcient to de- 
fray the expense ; but he doubts the propriety of his i^etting up 
new buildings, unless authoriKeu l-y };articular direction. 

I have nothing further to communicate to you, gentlemen, 
which calls for the iratticdiate notice of the legislature. But, 
if, in your opinion, any business of importance would sufier by 
a delay until the winter session, I shall cheerfully attend to 
whatever you may now propose, and co-operate with you in 
such measures as the publick good may require. 

CALLB STRONG. 



ANSWER OF THE SENATE. 



Maij it please your Excellency , 

IT being the great object of the present session of the le- 
gislature to determine and declare the choice of electors of 
president and vice-president of the United States, on the part 
of this commonwealth ; and, if the choice is not perfected by 
the votes of the people, to complete the same; your excellen- 
cy may be assured, that in executing that trust, the senate 
will be governed by the single motive of love to their country. 
K 



110 

• • • • 

The letter of the secretary of State, relative to the amend- 
ment of the constitution, and the communication ef the quar- 
ter-master-general, touching the buildings on Hospital-Island, 
shall receive that attention, which they respectively merits 
And, should any other business of importance, during the pre- 
sent session, occur, the senate will cheerfully co-operate witU 
your excellency in all such measures, as the publick good may 
retjuire. 



ANSWER OF THE HOUSE. 



May it please your Excellency, 

THE house of representatives, at their last meeting, being 
sensible of the inconveniences which would arise from a long 
session, at this season of the year, referred most of the unfin- 
ished business to the third session of the present general court ; 
it is, therefore, presumed that few matters will, at this time, 
urgently claim the attention of the House. 

Should it appear that the people have not completed the 
choice of electors for president and vice-president of the United 
States, the trust, which, in that event, is committed to the two 
brandies of the legislature, we hope, will be executed with a 
single view to the welfare and honour of the United States. 

We beg your excellency to be assured, that this house 
will pay due attention to all matters which you have been 
pleased to suggest for their consideration. 

A review of your excellency's past conduct gives us the 
fullest assurance of your excellency's readiness to co-operate 
with us in all measures which the publick good may require. 



Ill 

• • • • 

SPEECH 

D'ELIVEKED JANUARYS, 1805. 

Gentlemen of the Senate, and 

Gentlemen of the House of Ilcprese?itath'eSf 

I MEET you with much satisfaction at this time, as I ani" 
persuaded, that, from a continuance of harmony in the several 
branches of government, tiic business of it will be conducred 
with advantage to the publick, and with ease and convenience 
to those who are employed in its administi'ation. 

In the course of the session, you will have leisure mature- 
ly to consider those subjects which were postponed at the close 
of your first meeting. Permit me again to recommend to your 
revision the arrangement of the terms of the supreme judicial 
court established by the late act making further provision in 
the judicial department. If that arrangement is found to be 
impracticable or inconvenient, you will undoubtedly make the 
necessary amendments. 

The secretaiy will lay before you tho return of the militia 
of the commonwealth, which I have received from the adju- 
tant-general, with a letter from him, stating some local incon- 
veniences which have arisen under the existing militia laws. 
He will also deliver to you the quarter-master-generars return 
of the ordnance and tnilitary stores belon-Ting to the State. 

The major-generals of several divisions of the militia have 
informed me, that in the late reviews it appeared that the re* 
ginients and corps composing the several brigades hadimprov- 
ed in all the essential points, which constitute a well regulated 
militia ; — that their arms and equipjnents were in better order 
than at any former period, and that with few exceptions they 
had good cloth uniforms ; — this latter circumstance, being vol- 
untary and not required by law, is peculiarl} meritorious. 

There can be no necessity, gentlemen, of recommending 
to you the advancement of the various interests of the com- 
raonwealth; your time will be devoted to this object, in at- 
tending to the requests of individuals, and removing any just 
grounds of complaint ; in affording suitable encouragement to 



US 

« 9 S « 

every species of useful industry ; and in *upplying, as far as; 
yoij are able, whatev^er is fleficient in our present system of le- 
gislation. While you thus consider yourselves as deputed to 
watch over the pi-iJ^lick interest; while you support the just 
claims of our fellow-citizens, and i^ratify their reasonable ex- 
pectatio!]s, you will merit, and. probably retain, their respect. 
Uut, in whatever manr^^er your, services shall be e'^timated by 
others, you will have the satisfaction which arises from the 
consciousness of doino; good. 

^Ve have associated with our fellow-citizens, to preserve 
our rights, by su-pportinj^ republican governments ; — in doing 
this. we are equally and deeply interested. When the consti- 
tution of theUnited States was tirst proposed, many good men 
doubted of the fitness or sufliciency of its provisions. But such 
important benefits have resulted froni it, and such confusion 
iind discord would follow from a separation of the States, that 
probably few or none of the people are desirons of that event. 

The constitution of this State unites us still more closely 
for our common safety and happiness. Jt is founded on the 
basis of equal liberty, and its value does not appear to be les- 
sened in t!ie estimation of the people, by the experience of 
Bio¥e than twenty years -^ — our country flomishes in peace and 
wealth, and we may be thought, from these favourable circum- 
stances, to be out of danger. But, w^hen we see other repub- 
licks disgracefully renouncing the fruit of their sufferings and 
exploits, and tamelv submitting to the control of masters, we 
ought at least to refl'r^ct on the causes of their fall, and consider 
of the means, by which we may be guarded pgainst a like de- 
gradation. 

It will, I thin^, be agreed, that knowledge and virtue in 
(he body of the people are essential to the support of a free go- 
vernment — Without them we should readily submit to any art- 
iut usurper. The first gettlers of this State, aware of their im-- 
portance, adopted every expedient in their power to promote 
them ; and so long as we preserve unimpaired the institutions 
which have been transmitted to us by the wisdom of our ances- 
tors, and retain their purity of manners, and the lessons which- 
they inculwated, we mav hope to be exempt from the vicissitudfei. 
l« wkich other nations have been exposed.. 



113' 
» « • • 

Tteiigious principles and institutions are necessary to all 
governments, and especially to repubiicks. The teachers of 
Feligion, of whatever denomination they are, by their moral in- 
structions, may have much influence- in upholding the order of 
society, and regulating the conduct of the people ; — their offi- 
ces would J. therefore, be of great importance, even if they had 
no higher objects in view. But all nations have expressed a 
reverence for the Deity, and have united jn the belief, that 
some mode of vv^orship is necessary, to obtain his favour. With- 
in a few years, indeed, an experiment has been made by the 
people of France of renouncing religion;, but we have now 
seen the tendency and termination of their system. 

To enumerate the institutions established by our ances- 
tors might be thought superfluous ; many of thenv and parti- 
cularly those, which related to education, are still maintained, 
and we every day experience their beneficial etfects. May 
their posterity not only preserve their institutions, but practise 
their manners and virtues 1 

It is often said,- that most of the repubiicks, which I have 
referred to, were conquered by their more powerful neighbours, 
and that our remote situation from. Europe ensures the safety 
of our governments. Perhaps these observations are not so 
correct, as we are inclined to believe. Free States are in much 
greater danger from their own depravity, than from exterr.al 
enemies. The vices, disorders and divisions in former repub- 
iicks, have in all cases occasioned their ruin. It will be diffi- 
cult to find an instance, where a free and civilized people have 
been conquered, who had not degenerated from that virtue, by 
wnich their -.berty was established. When they are surround- 
ed by other nations,, they consider them as watching to take 
advantage of their folly and weakness ; this reflection operates 
as a coi^.stant check upon their disorderly passions. If an in- 
vasion is threatened, and any pubiick spirit remains in the peo- 
ple, they lay aside private animosities, and unite t\)v their com- 
mon defence ; in this manner the apprehension of danger from 
abroad has in numberless instances prevented contention at 
home.. Gur distance from Europe will be a fortunate circum- 
stance if we can be at peace among ourselves ; it lessens tii.e 
probtibility of future invasicjn, though it may increase the dan- 
cer f/om internal feud*. 
K 2 



• • • • 

Inihe republicks which have been mentioned, the people 
ha*? not sufficient virtue and publick spirit to unite their efforts* 
against the common enemy. Their numbers and wealth were 
as great, as when they resisted the most powerful princes ; and, 
if they had acted with unanimity and vigour, their defensive at- 
titude might have saved them from an attack. But they were 
divided and weakened by factions ; their false patriots co-op- 
erated with their invaders, and their governments fell, not so 
much by the arm of a conquerour, as by the weight of their, 
own vices. Such are the effects of violent disorders or impla- 
vable discord in all free States ;— they load to anarchy, and end. 
in despotism. — There may be much diversity in the process,, 
but the result is nearly the same ;. the chief difference is, that - 
small States generally call in a master from abroad, and great, 
nations make a tyrant for themselves. 

When political dis])utes are conducted with moderation, 
and candour, they are innocent, and may be useful. But, 
when parties become eager and vehement ;-— when, in the heat, 
of contention, they lose sight of the publick interest, and en- 
deavour to mislead the citizens by false representations, they, 
forrupt the publick monils, and tend directly to licentiousness, 
and confusion. In s^uch cases there would be danger that the 
most unprincipled would be the most successful ;— they might, 
resort to measures, which their opponents might be unwillTnt^ 
lo adopt J— for honest men wou(d disdain to deceive the peo- 
ple,. and would, .never deviate from right conduct, to pro mo te. 
■Anj cause, or prodi!ce any change in opinions or measures. But,. 
3f men of .corrupt principles should thus predominate, they 
tnight choose rather to submit to a despot of thei'; own seiec-, 
■ion, than hazard the loss of their ill-acquired influence. 

From our situation we have the me^ns of sattjy, in a pe». 
-uliar manner, in our own power; and it depends upon our-, 
selves, whether as a people we become the most respectable or 
the most wretched. If we are united in affection, it we retain, 
a frugal courve of living,, and are .animated with zeal for the 
publick good, we shall possess resources fully sufficient for our 
security, and shall rise to the highest state of publick honour 
and happiness. But, if intestine divisions and civil discords 
prevail, we shall be exppsed, not only to foreign insults, but 'o 
"bose.reyeugciuj deiDtrtick enormitiesj which have been th* 



113 
• • • • 
t;>rrour and disgrace of other nations. It is the great dii t/v 
then of every citizen, instead of exciting variance and party., 
strife, which are sources of confusion and misery, to promote 
concord among the people. And it wiil be the aim of good go- 
vernment to unite the citizens in the ties of friendship, and 
make the happiiiess of the State consist in the harmony ot its 
several parts, 8»ich a government will besuperiour tosel/ish con- 
siderations and partial attachments; and will inspire respect 
by. the equity and uniformity of its principles ; by a constant 
adherence to probity and good faith in its measures, and by 
causing moral rectitude to be had in honour. 

You wiil readily perceive, gentlemen, that our safety 
would be endangered by a general relaxation either in the mi- 
litary or the political virtues ; a decay of the former would ex- 
pose us to foreign aggression, and by a decline of the latter 
we should become an easy prey to the ambitious projects of 
restless and aspiring men among ourselves. The history of o- 
ther repnbiicks wiJl serve to lay open to our view the disguises, 
under which tyranny may be introduced in a free State. In 
the modern republicks of Europe, the scenes, which were for- 
merly displayed in those of Greece and Rome, have been re- 
peated. Dissention and party spirit were excited among the 
people, and their passions were artfully inflamed against the 
most able and virtuous citizens, an#j against those institutions 
ai i' restraints, which wisdom had devised, and the experience 
of ages had sanctioned. 'I'hese republicks, one after another, 
have los-t their freedom, and have been subjected to domestick 
usurpation, or foreign dominion, by the intrigues of men, who 
affected the language of patriots, while they aspired to the 
power of masters, and who, under the pretext oi asserting the 
lights of the people, betrayed and overwhelmed them. L«t us 
lake warning from their errours and misfortunes; and may 
He&ven j)^i'es«rve v.? from a similar destiny* 

CALEB STRONG, 



• • • • 

ANSWER OF THE SENATE 



May it phase your Excellency, 

THE senate particii)ate in the pleasure expressed byyoui*- 
ejccellency, in the prospect, that, IVoin a continuance of har-- 
mony in the several branches of government, the business of it 
will be conducted with advantai^e to tlie publick, and with ease 
and convenience to those, who are employed in its adniinistra-* 
tion. 

The subjects, which were referred from the former scss-- 
ions, will, at this rime, receive our mature deliberation. A— 
nion^ these we consider the judicial department of the govern- 
ment, MS highly important. Deeply im])ressed with the necessi- 
ty of lulapting it to the situation, e>:.tent and population of thi* 
country, in order that there jnay be an equal and prompt dis- 
taibution of justice among the citizens, we shall devote our 
earliest attention to making such revision and amen<iment of 
the existing system, and the an ani^ement of the terms of the 
court, as will, in our opinion be necessary for the attainment 
of so desirable an objebt. 

We feel a high degree of satisfaction in your excellency's 
communication with respect to the militia ;--rhat they Imvc 
made improvements inall the essential ))oints, which constitute 
a well regulated military force : that many of them have, at 
their own expense, procured good cloth uniforms, and that their 
arms and e<)uipn»ents arc in better order than at any former 
period, are circumstances peculiarly meritorious in theju, and 
highly honourable to their country. 

it will be our endeavour to watch over and advance the 
various interests of the commonwealth, to gratify the reasona- 
ble expectations of our fellow-citizens, and to remove all just' 
grounds of complaint. >Viiile our time and talents are devoted 
to these important objects, we may confidently bope for pub- 
lick jin[)robation and support ; but, should this be denied us, , 
the consciousness of having fiiithfully ajul impartially discharg- 
ed our duty will afford us ainple satisfaction. \Ve are fully ijn- 
pressed with a sense of. the important benefits which have ro 



suited from the constitation of the United States, and b?IieY« 
that few or none are desirous of witnessing the confusion and 
discord, which would follow its dissolution. 

Under the constitution of fhis S^tate are passed most o£ 
the laws and regulations, which affect our j^ersons or property; 
and, although framed and adopted during the ardour of a rev- 
olutionary war, such are the '(visdom and fitness of its princi- 
ples, so accurately are the powers of the ditierent departments 
adjusted and balanced, and so able and faithful has been the 
administration of the government under it, that the experience 
of more than twenty years, instead of lessening its value in the 
estimation of the people, has, it is believed, increased and con- 
firmed their attachment to it. But, although our country has 
flourished in peace asd wealth, yet, when we see the disgrace- 
ful state of subjection, into which other republicks are leduc- 
ed, after much suffering and exertion to obtain their freedo/n, 
it becomes us to reflect on the cause of their misery, and to 
discover and ad(^pt such measures, as may preserve us from a. 
like wretched situation. 

A general ditfusion of knowledge, and a just sense of the 
obligations of the christian religion, are essentially necessary, 
to preserve us from the vicissitudes, distresses and enormities, 
which have degraded other nations. The literary and relig- 
ious institutions, established by the first settlers of fhis State, 
ought therefore to be carefully maintained and supported. 
Seminaries for the education of youth, where maybe taught the 
principles of evidence, the proofs of Revelation, the means of 
detectine and avoiding thesubtleties of sophistry, a knowledjje 
of the tiistory of ancient times, which tends to inform us, what 
degree of restraint is required for the security of civil freedom, 
and als(\ to oj>eti to our view the disguises, under which tyranny 
may be introduced ; are of the lirst importance to the stability 
and '^att'ty of the State. An enlightened people, only, can dis- 
tiniiuisli between the factious aspiring denuigogue and the up- 
riuht and virtuous magistrate ; they alone can discern the 
arts, and restrain the passions, of those who wish to corrupt 
tbe publick morals, and, under the pretext of asserting the 
rights of the people, attempt to destroy them. 

We are fully sensible that the teachers of religion, by 
their moral and religious instructions, in this commonwealth, 
have been, and still are, eminently useful in preserving the 



• • • • 

blessings of good government, and upholding the order ofsocfe- 
ty. The principles of that religion, which confines the exer- 
tions of the human mind within the limits prescribed by its 
great Creator, which teaches reverence for the Deity, and a 
sense of accountabihty to him, must ever be the strongest bul- 
wark against anarchy and the wildness of political theroists. 
I'he awiul and desolating etTects, which would ensue from the 
destruction of this great fortress, have been fully proved, by 
the consequences which followed thai experiment, when made 
by the people of France. Our diistance from the nations of 
Europe, alrhough it diminishes our apprehension of invasion^ 
undoubtedly eacreases our danger from internal feuds; as 
many motives to unanimity are wanting to us, which would op- 
erate, if we were surrounded by powerful ruitions. Pretended 
patriots will be continually sowing the seeds of dissention, and 
endeavouring, by specious pretences of uncommon zeal for the 
publick welfare, to inflame the passions, against the most able 
and virtuous citizens. We ought, therefore, to use every ex- 
ertion to counteract the endeavours of those unprincipled men, 
'ivho would mislead the people by false representations, and, 
after being advanced to power by the most vile and profligate 
measures, would rather submit to a despot of their own selec- 
tion, than hazard the loss of their ill acquired influence. 

As the best means of preventing discord and party variance,, 
it will be our endeavour to rise su(jeriour to sellish considera- 
tions and partial attachments, and to inspire respect by a C(m- 
stant adherence to good faith in all our measures. 

We are fully impressed with the truth of those just and pro- 
found observations made by your excellency on the causes,, 
which led to the destruction of ancient and modern republicks. 
Those observations evidently prove, that, so long as the virtue 
and publick spirit remained, by which their liberty was estab- 
lished, no foreign power was able to subdue them, and that 
their own vices, divisions and corruptions, aided by the arts of 
demagogues and false patriots, have uniformly involved them in 
one common ruin. 

Theirerrours and misfortunes are displayed for our instruc- 
tion and warning ; and we unite our fervent prayers with those 
of your excellency, that it would please the Great Arbiter of 
events to preserve our country from those tremendous convul- 
sions, which have sunk them into the abyss of despotism. 



M9 



ANSWER OF THE HOUSE, 



May it please your Excellency , 

WITH great sincerity the house of representatives recip- 
rocate your assurances of satisfaction from the present meeting. 
We rejoice in the existing harmony between the different branch- 
es of the government, which affords the best earnest, that the 
business of it will be conducted with advantage to the publick, 
and with ease and convenience to those who are concerned in 
its administration. 

We assure your excellency, that we will not only attend with 
promptitude and diligence to the several topicks of legislation, 
which you have particularly recommended, but that we will 
devote our time to the advancement of the various interests of 
the commonwealth ; in attending to the requests of individuals, 
and removing any just grounds of complaint ; in affording 
suitable encouragement to every species of useful industry, and 
in supplying, as far as in us lies, whatever may be found defi- 
cient in our present system of jurisprudence. And, if, by an 
upright and conscientious discharge of our duty we shall merit, 
we will not doubt of receiving an ample reward in the appro- 
bation of our fellow-citizens. 

We cherish a belief, that there are few or none of the peo- 
ple of this commonwealth, who would not consider a separa- 
tion of the United States, as a measure greatly to be depreca- 
ted. The evils resulting to any portion of the nation from a 
continuation of the union, must not only be manifest, but op- 
pressive, before a dissolution of it ought to be admitted, even in 
contemplation. Still more firmly do we trust, that the great 
body of our fellow-citizens are yet wise enough, and will con- 
tinue, to prefer a republican form of government in its purity, 
as the surest preservative of individual rights. Equally and 
deeply interested as we all are, to support those free and hap- 
py constitutions, under which our country has flourished in 



1$0 

• • • • 

peace and wealth for so considerable a period, it must be adufy 
we owe, no less to ourselves, than to our posterity to observe, 
with a jealous eye,e\ery approach ofdanger; and to be equally 
solicitous to repel the encroachments of arbitrary power, wheth'* 
er proceeding from internal disorder or foreign invasion. It is 
a uielanclioly lrutii,tiiat of ail otlur republican governments, 
which have ever existed, we can only say, they were. Not on« 
of them is now to be found ; and notwithstanding it is a just 
subject of exultation, that our nation forms an illustrious, 
though a solitary exception to the general remark, yet it highly 
concerns us, attentively to consider the causes which have oc- 
casioned thesubversioii of all former governments bearing any 
resemblajice to our own. We surely cannot indulge a hope, 
that, if similar causes should operate among ourselves, they 
would fail of a similar etl'ect. Dift'ercnceS of era, climate or 
position, have not hitherto been knqwn to produce any difler- 
cnc(^ in the catastrophe. Unless, then, the authority of history 
be discarcied, or the experience of our own eventful times be 
rejected, it must be admitted that the loss of liberty has always 
been preceded by a corruption of the publick morals. Where 
virtuous habits, simjde manners and civil harmony have pre- 
vailed in communities, civil liberty has been found to flourish, 
and the force of mighty empires has been unequal to the subju- 
gation even of small States.-^ While, on the contrary, internal 
discord, vice and licentiousness, a general spirit of inaovalion, 
and more esi)ecially a distru>t of the most able f^nd viituftus 
citizens, and a disposition to transfer the publick coiilid^'ncc 
from tho^e, whose iidelity and ability have be( n tested by long 
and faitliful services, to those, who, with less experience, and 
of doubtful integrity, are more clamorous in their protesbions of 
2eal for the publick welfare, have never failed to terminate in 
submission to the autluirity of a despotick usurper, unless in- 
vited by the prevailing distractions, that event has been antici- 
pated by a foreign invader. 

If any or all the evils herein enumerated should be in ac- 
tual operation among us ; and, if moreover it should be found, 
that we are fast declining from that purity in matters of religion, 
which forhied a peculiar ornament in the ( haracter, and was 
the surest safe guard of the political instilutior-s, of our ances- 
tors; if a sentiment should prevail, that publick virtue and 



I'i'l 



Private vice are comndtible (lualities in thesame character, 
that licentiousness and pvcfl.gacy are no objections n. candi- 
date, lor public offices ; if the usual means ct political intor- 
mation should degenerate into vehicles ot slander and abuse o 
" aracters and institutions entitled to the highest conhdence and 
resnect ; if restless and aspiring men should practise with suc- 
ccs tlo e insidious and deceptive arts, to «hich the wise and 
sood would disdain to stoop, therewould be too much reason 
fo fear, that the name of our o«n country would soon be a«- 

led to the melancholy catalogue of departed republicks. 
Should this last hope of freedom fail, this only republican gov- 
ern ntmaining'.m the face of the earth be subverte.l, them 
I e probability that the experiment would x-ver berep..U <i 
We cannot however forbear cherishing a tond hope, that the 

mpre"sWe lessons.whicharc before us in the history of our race 

^llp ovea salutary warning to the enlightened people ot 
■hSte; and that, by avoiding the errours they will es- 
.^ape their misfortunes. Jla^ heaven long preserve them free, 

prosperous and happy. 



^Y HIS excelle:<cy CALEB STRONG, esquire, 
^Goreniour of the Commoimcalih of Massadiu^etts, 
A PKOCLAINIATION 
For a DAY nf PUBLICK FASTIS and PRAYER. 

./^'!;tb=:^^:^^-^--"=^^ 

-::'lh:Sm;ne;UfStatesas,n,li.duaM^be.>^ 



ording to the \ 



Us wen "» K^i...v^w — - 

practice of our forefathers, to set apart a day 



accorduig to tne 1' -''- " " ,; "^ ,„ , „„i,e to implore the 

at the beginning "' 'f >^^ i'/J'^Vi^d, w ,h sincere iontritiou 
Divme r-tect,on a b ess^ , an ^^^^ ^^^_^^^ ^^ 

t^su^p^ltr^.-"" aTd^cceptance through the merits of 



Him who died for us : 



12? 

Therefore, witli the advice and consent of the coiinci], ^1 
appoint Thursday, the fourth day of April next, to be observed 
in this State as a day of publick fasting and prayer ; find x\n 
ministers and people of each religious denomination are request- 
ed to meet together for publick worship on that day, that with 
penitence and humiliation we may confess our oHences, and 
commend ourselves to the care ot thatAlmighty Being, without 
xvhose knowledge not a sparrow falls to the ground, and who 
attends to the concerns of men with the most gracious regard ; 
and beseech Him, that in our devotional services He would 
prepare our hearts, and cause His ear to hear; and that by the 
graces of His Spirit He would form us to such a temper, as 
shall render us the fit objects of His mercy. That He would 
preserve the union of these States, and make them high above 
all nations in praise, in name and in honour; and that our na- 
tional rulers may be directed by a spirit of wisdom, modera- 
tion and fntegrity. That He would regard with peculiar fa- 
vour the people of this commonwealth, and give them at all 
times wise legislators and faithful magistrates. 

That the Ministers of the gospel may exert themselves to 
vindicate the truth, and be, guarded against every thing which 
in their doctrine or example might mislead others, or furnish 
the enemies of religion with matter of reproach against it. 
That the churches may be reformed from whatever is amiss, and 
be recovered to rectitude and purity ; and that all, who pro- 
fess their belief in the religion of Christ, may cultivate the 
temper which Hciexercised and recomm^^nded. 

That in the course of the ensuing season. He would pros- 
per the labours of the husbandman, and crown the year with 
plenty ; — that He would ordain peace for us ; — that He would 
preserve us from wasting sickness, and continue to us the bles- 
sing of health ; — that lie. would protect and prosper our com- 
merce,manufactures and fisheries ; — thatHe would smile on the 
"university, colleges, academies and schools, and succeed their 
endeavours to train our youth to knowledge and moral excel- 
lence ; and that He would produceand cherish in all our hearts 
those virtues and graces which may fit us for the duties of the 
present life, and the happiness of the future. 

That He would grant to the nations of Europe the bles- 
sings of tranquillity and just govcrnraent. That the rod of the 



J23 
• • • • 

i*ppressor may be broken, and the earth be no. lonr^er filled 
^vith destruction and violence. That all nations may'come to 
the knowledge and belief of the religion of Christ; and that 
his kingdom may be every where extended, and tluit all do- 
minions may serve and obey Hira* 

And the people of this commonwealth are requested to ab- 
Srtainfrom labour and recreation on the said day. 

Given at the council chamber in Boston, this nine- 
teenth day of February, in the year of our Lord, 
one thousand eight hundred and five, and in the 
twenty-ninth year of the independence of the Unit- 
ed States of America. 

CALEB STRONG. 

By His Excellency's' command^ uith tJi€\ 
advice and consent of Council. j 

JOHN AVERY, Secretary. 

COD save the Common\Aealth of Massachusetts • 



SPEECH 

DELIVERED JU^B 7, 1805. - 

Gtntlemen of the Senate^ and 

Gentlemen of the House of Representatives, 

I EMBR \CE with pleasure the opportunity of congrat- 
iilatingyou on the return of the anniversary established by our 
constitution, and the proof which your fellow-citizens have giv- 
en you of their confidence. Accept the assurances of my re- 
gard, with sentiments correspondent to those by which they are 
dictated. 

Our obligations to the publick are expressed in the oaths 
we have taken to support the constitution of the United States, 
and to defend this commonwealth, and faithfully and impartial- 
ly to perform the duties of our respective offices. It is incum- 



bent on us, tliereforc, on all occasions, to support the constity- 
tional measures of the gcnaral governnipnt ; in this our inter- 
est and, duty coincide ; for, if that government is not well es« 
tablisljed ; ifit has notenergy sufHcierit tosuppres^ insurrections. 
:it home, and resist invasion from abroad ; our security will be 
lost in perpetual revolutions, and we shall be at the mercy of 
every lawless invader* 

But, as the national constitution defines and guarantees- 
the rights, as well of the Slates as of the citizens, it is the duty 
of the State government to watch over those rights ; and, if 
they should be infringed, to make such representation,as would 
tend to procure redress; thus it is probable a remedy may 
be obtained ibr any evils of this 4cmd, to which a State or 
part of of its citizens may be exposed, in a manner perfectly 
consi?tent with publick order and tranquillity. A dispositieu 
to censure and criminate the measures of government is ex« 
f remely prejudicial j — if they are good in themselves, we ought 
jiot to ascribe them to improper motives; and, if doubtful, 
can<lour should incline us to view them in the most favourable 
light. Rut it was not the design of the constitution, that the 
legislatures of the several States should become blindly subser- 
vient to the will of the general government ; this would be ta 
lose the whole benefit of the federative principle, and would 
subject us to all the mischiefs of a complete consolidation of 
the States. Indeed such a construction might sooa destroy the 
most essential articles of the constitution ; — for, if an aspiring 
man should gain a controling inntier.cc iu the national legisla- 
ture, and should find that some parts of that instrument ob- 
structed his view^s, he would propose, and.be sure to effect,such 
alterations, as he should deem necessary. 

The system of national government appears to be well 
calculated to preserve itself, and perpetuate the rights of the 
people. The arrangement and independence of the legislative, 
judicial and executive powers, form the best security, that 
eould be devised, against the encroachments of either ; and as 
long as the constitution is unimpaired, and the legislative body 
tsacruated by a spirit of integrity and moderation ;— as long 
as it shall leave to ihe executive and judicial departments the 
authority vested in them respectively by the constitution, and 
slfiall patiently acquiesce iu the exercise of that authority ; so 



1125 

■ • • « 
long we may hope that the national government and the ri-^hts 
of- the. citizens uill be preserved. 

But the experience of other nations will convince us, that, 
whenever the legislature assumes to itself the other powers of 
government, liberty is subverted. This assumption can b& 
more easily effected by that body if unrestrained by principle, 
than by either of the other branches. The legislative is the su- 
preme power ; — the members are from every part of the tcrrito- 
ly ; their number and influence will enable them, on frequent 
occasions, to excite popular envy and resentment against the 
executive and the judicial powers ; almost every man, from a 
connexion with some member of the legislature, feels a peculiar 
interest in that branch of government, and a strong prejudice 
in itS'favour. But, instead of being influenced by these prepo- 
sessions, we ought to reflect, that in free States a change in the 
frame of government is attended with hazard, and that our only- 
safety consists in a firm and inflexible adherence to the princi- 
ple of the constitution. 

The declaration of rights in this State prohibits an inter- 
ference of the several departments ; it provides, that neither of 
them shall ever exercise the powers of the other.— And here 
too an efficient authority is requisite for the protection and 
safety of the people :—fcH-y if the State government has not 
strength enough to restrain injustice and violence, or to punish 
offenders, our liberty will degenerate to licentiousness, and we 
shall fall into a state of anarchy not less debasing than a settled 
and absolute despotism. 

In civil causes, the sheriff or constable is supposed to be 
authorized, by writs of attachment or execution, to take the 
goods of the debtor without any exception. The humanity of 
creditors has, for the most part, prevented an undue use of this 
authority ,in collecting their demands from their indigent debt- 
ors ; but I am informed by a number of respect^i!)!e persons, 
that instances have frequently occurred, in wiirch ofificers, with 
unfeeling severity, have taken the most nece^rsary articles of 
apparel and furniture,and exposed the debtor and his family to 
immedi^atc suffer>ng,— If such cases have happened within your 
knowledge, you will probably think it reasonable to exempt 
from seizure certain articles, which are necessary fer iiphold' 
jng life. 

L 2. 



1^^ 

Commissioners have, on several occasions, feeeaappoiaietl, 
at the request of the legislature, and with the consent of the 
parties interested, for the purpose of quieting settlers on lands 
ill the eastern parts of the State ; in most of the cases, to 
which their commissions referred, they have been able to ef- 
fect an amicable agreement ; but divers disputes of th^s kind 
still remain unsettled. The tranquillity of that part of the 
commonwealth, and the happiness of many individuals, would 
be greatly promoted by a speedy accommodation of those dis- 
putes ; and I shall be happy to concur with you, gentlemen, in 
any measures, consistent with the rights of parties, which shall 
be calculated to cflect this desirable object. 

The operations of banking, while under suitable restraints, 
iiiay undoubtedly be useful to the State, by rendering its capi- 
tal more active than it would be otherwise. Petitions have for . 
several years been presented at almost every session of the legis- 
lature, for the incorporation of banks. If such applications 
are repeated, it will be a question of importance whether an 
addition to the present number would be a public benefi to 
Many of the bills of other State banks, with whose circumstan- 
ces and management we are wholly unacquainted, circulate 
here ; and the capital stock of the Branch bank is seven hun- 
dred thousand dollars. We have besides, in this State,twenty- 
oue banks, which are allowed by law to issue, thirteen million 
dollars ; by their last returns it appears, that the whole of the 
debts due to them did not amount to eight millions.. If the 
ej^isting banks are authorised to loan a greater sum than the 
circulation can eenploy, the aggregate profits of banking would 
not be increased, nor would any additional assistance be given 
to trade, should a number of other banks be instituted ; they 
might indeed emit an additional quantity of paper; but the 
surplus would soon be returned to the several, banks, and ex- 
changed for gold and silver, to be exported. New banks would 
not increase the quantity of specie, they would only cause a 
subdivision of it ; and, if they should be induced, from the de- 
sire of gain, or a disposition to afford extraordinai*y accommo- 
dations, to discount too liberally, the banks themselves would 
be endangered, and, the directors might be compelled to dimin- 
ish theirjdisGountsso as to occasion very serious and .extensive 
commercial embarrassments. 

It has been raid, heretofore, thf^t th.e\bai|lv dividends were, 



227 

• • • • 

liiglier than the legal rate of interest, and, therefore, unless pe- 
titioners were indulged with incorporations, the law, which 
forbids usury, should be repealed. A measure of this kind . 
might be more injurious than any proposed addition to the 
©umber of banks. If money was borrowed only on a calcula- 
tion of profit from commercial enterprises, the borrower mit^ht 
be safely trusted to make his bargain with the lender ; but a 
great part of the loans in the country ara to persons embarras- 
sed from misfortune or indiscretion ; by a repeal of the law 
against usury they would be left to the mercy of their creditors, 
and avarice would prey without control upon ignorance and ■ 
distress. 

I have received a letter from the governour of PennsyL- - 
vania, inclosing a copy of a resolution of the senate and house 
of representatives of that commonwealth, approving an amend- 
ment to the constitution, which was recommended bv the 
State of Kentucky, and by which it is proposed to exclude 
from the judicial power of the United States controversies be- 
tween citizens of different States — between citizens of the same 
State claiming lands under grants from different States,— and 
between citizens of a State and citizens or subjects ofa for- 
ei-gn State. 

Together with those papers, the Secretary will deliver to 
you a letter from the major general of the third division, re- 
questing that he might be discharged from his office in the mi- 
litia. — His request has been granted. 

In the present state of political disagreement, you can 
hardly expect, by the most upright and impartial discharge of 
your duty, to escape censure. But, whatever reflections may- 
be circulated upon the measures of government, or the conduct of 
its members, 1 hope and trust, they will have no effect to weak- 
en your attachment to the public interest. In many cases 
you may be compelled from a sense of duty to disappoint the 
wishes of your friends, and in some, perhaps, to expose your- 
selves to the temporary displeasure of a respectable part of 
the community. But, if the measures you adopt are just and 
useful, they will at length appear to be so ; and you will then 
receive the best compensation for publick service, the testimo- 
ny^ of your fellow- citizens to your merit and virtue. 

CALEB STRONG, 



I2'8 



ANSWER OF THE SENATE. 



May it please your Excellency, 

THE return of the anniversary established by the canstt- 
tution affords to the-senate peculiar gratification, as it is ac°. 
companied by a new proof of the wisdom and discernment of 
their fellow-citizens in again placing your excellency at tha 
head of the government. The uniform display of integrity, in-, 
telligence and patriotism, hitherto exhibited by your excellen- 
cy, has acquired, and, we believe will long preserve, the es-? 
teem and confidence of every enlightened and virtuous citizen. 

Our firm persuasion of the excellence and importance of 
the constitution of the United States, as v/ell as the sacred ob- 
ligations resulting from our oaths, will induce us, on all occa- 
sions, to support those measures of the general government-, 
M'hich comport with the, provisions of that valuable instrument. 
At the same timewe feel it to be our duty to watch over and 
defend all the rights of the State and of its citizens, as der 
iined and gurantced by the national constitution ^ 

We have never conceived that it was intended the legisla- 
tures of the several States should become blindly subservient 
to the will of the general gorernment. Effects the most perni- 
cious and destructive would be produced by a doctrine so ab— 
tiurd and unfounded. Should such an opinion be generally a- 
dopted, one of the. strongest barriers against the designs of as- 
piring and unprincipled men would be destrayed. 

The arrangement and independence of the legislative, ju- 
dicial and executive powers, as provided for in the constitution, 
it is uiidoubtediy the duty and interest of every citizen to sup- 
port and defend. By the national system of government poli- 
tical power is so wisely distributed, as to afford the best secu- 
rity against the designs of the crafty and ambitious, and the 
great hazard arising from the levity and vei*satile humour of 
the ignorant and inexperienced. As long, therefore, as the 
several branches of the governmentjshall continue to be the the 
fiitn gurantces of each other's rightful and legitimate authori- 



• • • • 

ty, so long th^'y will preserve and render stable our confedera- 
tion. Bui, if either of those powers are disposed ©r enabled to 
lisurp and exercise the authority vested in the others, a speedy 
destruction of the government must inevitably ensue. We a- 
gree with your excellency, that the assumption or unconstitu- 
tional power can be more easily effected by the legislative, than 
by either of the other branches of the government. The first 
rfibrts, therefore, made by any inconsiderate or depraved mem- 
ber of the popular branch, to encroach upon the privileges se- 
cured to either of the other powers, must excite an high degree 
of indignation, and should call forth the most diligent exertions 
to avert the mischief which such attempts are calculated to 
produce. 

Several important subjects for legislation have been sug- 
gested by your excellency* They claim and will receive our. 
serious consideration. 

The resolution received from Pennsylvania, aproving aa 
amendment to the constitution of the United States, recom- 
mended by the State of Kentucky, however doubtful we may be 
of its expediency, will receive that respectful and deliberate at- 
tention, to which every communication from a sister State is 
entitled. 

Censure from political opponents, we are fully sensible, 
cannot be prevented by the most upright and impartial con- 
duct. But this apprehension, we> believe, will not abate our 
zeal to promote the publick welfare. More fortitude will be 
required to support us under the displeasure of our friends, if 
compelled by a sense of duty to disappoint their expectations. 
Should the measures we adopt be just, we trust their esteem 
may still be retained ; but, if their attachment should be for- 
feited, an approving conscience will afford to us ample and 
unfailing cousoktion. 



!sa 



ANSWER OF THE HOUSE. 



May it please your Excellency , ■. 

THE house of representatives witli pleasure offer theirs 
eongratulations to your excellency upon this anniversary estab- 
lished by the constitution ; and upon .the. additional proof,. 
U'hich your fellow-citizens have given you of theirhigh confi- 
dence, in again electing you to the office of chief magistrate ot 
this commonwealth. 

To support the constitution of the United States, to defend 
this commonwealth, and faithfully and impartially to perform, 
the duties of our respective offices, are obligations so important, 
as to be deemed by us at all times indispensible. We consider 
it as an incumbent duty to support the constitutional measures- 
of the general government. Without an energetick govern- 
jnent, careful and prompt to attend our best interests, the at- 
tempt to suppress domestick insurrections, or duly to oppose, 
foreign aggressions, would be altogether futile ; and, in the 
«nd, security would be lost, and revolutions succeed, destruc- 
tive to our peace and happiness ; and we should be exposed to 
the mercy of every lawless invader. As a spirit of insubordi- 
nation is the usual harbinger of tyranny, an energetick gov^ 
ernment alone, under Divine Providence, can shield us from, 
such a calamity. 

We view with the greatest solicitude our federal compact. 
Those sages from whose labours it sprang; those who adopted 
and made it the bond of our Union and security ; and those 
who moulded and fashioned the government, which has produ- 
ced to us the greatest national prosperity, must ever be dear to 
the citizens of Massachusetts. We consider with your excel- 
lency, ihat it is the duty of the State governments to watch 
over the rights guaranteed to them by the constitution ; it is e- 
qually their duty to guard with jealous vigilance, the preser- 
vation of the Union upon just and equal principles; and to 



» • •' • 

repel ercrp measure calculated to consolidate the' States under th€ 
dominion of a single State, The mutilation of the constitution 
must be followed by its destruction; its destruction by the es- 
:ablishment of despotick power upon the ruins of our honour 
and freedom. We cannot therefore but consider the recent 
proposal* made in the house of representatives of the United 
States to make the judiciarj^ dependent on the will of the ex- 
ecutive, and to annihilate the utility of the Senate, as subjects 
of serious alarm. If such influence can be obtained in the na- 
tional councils by aspiring men, as to enable them to change 
this sacred instrument at their pleasure. — If alterations should 
he the result of systematick efforts to destroy, cur country is des- 
tined to exhibit the end of republican government .; — it is des- 
tined to prove that men are incapable of froverning themselves, 
and that rational liberty can durably exist only in name. 

In the melancholy history of the ruin, of republicks, we 
mny find impressive lessons, applicable to our own country. — 
We are fully sensible that the experience of ages, teaches that 
liberty has been destroyed by the assumption of power, ob- 
tained in the most numerous branch of the government. The 
encroachment, therefore, of the legislative upon the other 
branches is the first and strongest indication of the dissolution 
of republican systems. 

The communication from the governour of the State of 
Pennsylvania, coming from so respectable a quarter, demands 
serious consideration. Yet we cannot but sincerely regret the 
existence of motives productive of the resolution to which 
your excellency alludes. 

The several objects of legislation reciDmmended by your 
excellency shall receive our most prompt and careful investi- 
gation, and while we return our grateful thanks for the gen- 
eral information communicated in your address, we assure 
your excellency we shall most readily co-operate with you in 
the adoption ot such measures as may be seemed conducive to 
the public welfare. 

The present state of political disagreement will not prevent 
the most impartial discharge of our relative duties. Censure 
and calumny too often usurp the place of praisr- and commen- 
dation ; but a conviction of having fully discharged our duty 
yi\\\ ever afford a sufiicient consolation for the injuries theyoc- 



.• *.• • ' 
casion. In the short period of time which has elapst?cl siace 
the establishment of our independence, we have witnessed ma- 
ny and rapid changes of pohtical sentiment, as to men and 
measures. Such instability would be regarded as unfriendly 
to the preservation of freedom, if we had not uniformly found 
that good sense and just conceptions finally gain their due as- 
cendency. Relying on this feature in the character of our 
fellow-Citizens, we feel the most unchangeable assurance that 
■we shall retain and transmit to our posterity the political feli- 
city by which our couutry is distinguished. 



3BY HIS EXCELLE-s^CY CALEB STRONG, ESQUIRI, 

Governour of the Commonwealth of Massachmetts, 

A PROCLAMATION 
Tor a DAY of PUBLIC THANKSGIVING, and rilAJSE. 

AT this season of the year it is highly proper for us,accord^ 
ing to the usage of our pious ancestors, to devote a day to the 
honour and praise of the Almighty ;— that, with united devo- 
tion, we may abunduntly utter the memory of His great good- 
ness, and sing of His righteousness ; and that we mi.y (each 
our children His praises and His wondcrtul works ; — that the 
gt-neraiion to come may knov/ them, and the children which 
tihallbe born, that they may set their hope in God. 

I do therefore, with the advice and consent of the Coun- 
cil, appoint 7VtHm%, the twenty-eighth day of Noxembcr 
next, to be observed in this Commonwealth, as a day of Pub- 
lick Thanksgiving and Praise; and the several denominati.uis 
of christians are requested to assemble in their respective 
places of publick worship on that day ;~that we may unite 
m rendering our thanks to the great Author of all our mer- 
cies for the protection which he has afforded to the people 
of this State from its early settlement ;— that he brought 
our forefathers from their native country, and gave them this 
land for a possession, because he had a favour to them ; that, 
when they were few in number and strangers in it, he suffered 
no man to do them wrong ;— and that in times of distress aa^ 



•<langGT Mr: has ever been the refuge of tlieir posterity/ and de- 
fended them with the saving strength of His right hand — For 
•the preservation of our civil privileges ; that we have constitu- 
-tions of government so well adapted to promote our happi- 
ness ; and that our lives and property are secured by wise and 
equal laws. — For the continuance of our national peace and 
-j)rosperity. — For the general health, which the people of this 
State have enjoyed in the course of the last year — For his 
goodness and mercy in the blessings of harvest ; an 1 thar, 
'though he w-as pleased to visit a great part of the State with a 
severe drought, yet He has not broken the staff of bread, nor 

' taken away the corn in the season of it. — For the success, 
which he has granted to our commerce, manufactures and 
lisherics; and for the abundant variety of good things, which 
tend, not only to our necessary support, but to our ornament 
and delight. — And, above all, for the covenant o( grace es- 

' tablished in the Redeemer, and the spiritual and endless bless- 
ings conveyed through him. 

And, from a consciousness that we are at the disposal of 
His mercy, let iis join in acknowledgements of our unworthi- 
ness, and in humble suppliculions that he would forgive our 
offences, and accept our feeble att<?mpts to render Him the 
homage that is worthy of Him. — And that, from a grateful 
sense of the riches both ef his Providence and Grace, He 
would engage us to a course of faithful and universal obe- 
dience, and enable us to consecrate to His service the powers 
and faculties He has given us, and the blessings with which 
we are encompassed. 

That He would direct and prosper our national and State 

.governments, and cause the people to dwell in tran(}uillity ; — • 
that He would bless t'he administration of justice, and the in- 
stitutions of religion and learning ; and that he would pour 

.'His spirit upon us from on high, and remember for us His for- 
mer lovii";g kindiress^nd mercy, that glory may dwell in our 

land. 

That He wovdd dit^posethe contending nations of Europe 
to peace, upon terms conducive to the general safety and hap- 
piness of mankind ; that wasting and violence may no more 
be heard ; and that the Sun of Righteousness may dispel the 

<:louds of ignorance and errour, which have overspread the 
M 



J 34 
• • • « 
«arth, and diffuse among all nations the knowledge ond graee 
of the gospel. 

And the people of this State are requested to abstain 
from such labour and recreation, as are inconsistent with the 
religious services hereby recommended. 

Given at the Council Chamber in Boston, this seven- 
teenth day of October, in the year of our Lord, 
one thousand eight hundred and five, and in the 
thirtieth year of the independence of the United 
States of America, 

CALEB STRONG. 

By his Excellency's coinmand, with the 1 

advice and consult of CoiinciL 3 ' 

JOHN AVERY, Secretory. 
GOD save the Commonwealth of Massachusetts. 



SPEECH 

DELIVERED JAN. 17, 18O6. 

Gentlemen of the Senate, and 

Gentlemen of the House of Kepresentathes, 

We have the pleasure to meet again in circumstances of 
publick pro:?perity. The productions of the last year have been 
fully sufficient to supply the wants of the people, although at 
one season the prospect was unfavourable ; and they have been 
exempt from the fatal sickness, with which some principal 
towns in other States have been visited. We are, therefore, 
bound to acknowledge the kind interpositions of Providence 
in our behalt. — At the same time it becomes us to make use of 
the most effectual precautions, that can be deviled, to guard 
our fellow-citizens against the return of that desolating dis- 
€ase. 



r.T5 
• • • • 

The president's late messacrc to congress annonnCi»s tliat 
»■ treaty has been concluded with Tripoli, in which the .ransom, 
of our countrymen was agreed to, and to which the successful 
enterprizes conducted by one of our fellow-citizens undoubt- 
edly contributed. — But we are in like manner informed, that 
the injuries we have received from some of the nations of Eu- 
rope may lead to the employment of force, and that prepara- 
tory measures for that purpose are expedient. — This subject 
calls for our attention so far as it shall be necessary to com- 
plete the order and discipline of the militia. You will find, 
by the adjutant-general's return, that every part of the com- 
monwealth is in a state of military organization, except Nan- 
tucket and Elizabeth Islands, and that the number of our mili- 
tia, so organized, is nearly sixty-seven thousand ; the greater 
part of whom are armed and equipped according to law. 

Since your former session, the agents for building ,lhe 
State prison have completed that ser^nce ; and, in compliance 
with the act passed on the 15th of last June, tlie officers of 
the institution have been appointed, and regulations have been 
made for the government of the convicts ; — a copy of these 
will belaid before you. Warrants have also been directed to 
the sheriffs of the counties, where criminals, who had been 
sentenced to hard labour, were imprisoned, requiring them to 
remove such convicts to the State prison, and thirty-four have 
been removtxl accordingly. — Y-ou will perceive the necessity of 
attending to this subject during the present session, as the act 
expires on therirst day of June, and the general court of tha 
next year will not be able to make the necessary arrangements 
concerning it before that tim.e. 

.The constitution makes it the duty of the legislature fre- 
quently to assemble for the redress of grievances ;— -tor correct- 
ing strengthening and confirming the lau'S, and for making 
new laws as the common good may require, 'i l;ese several ob- 
jects, I have no doubt, will receive your attention. If any of 
the existing laws are found to be oppressive or injurious in their 
effects, they will be altered or repealed; if any fail to answer 
the intended purpose, you will correct and amend them ; and, 
if useful regulations are not observed, or the design of the leg- 
i«ilature, which established them, is eluded, you will adopt 
such measujes, as shall tend to give them btrength and eilica- 



• • • • 

cy; and^3'ou-!WJll^nlsb enact such .aclditional law?, as the ge«r 
era! interest of the State, or the.acGommodation of paiticular- 
corpunitc bodies or individuals, may require. 

It is possible, however, thati. in a government like ours, 
whore the acts and resolves of tha; legislature are sometimes 
passed with great facility and expedition, the laws may be too-, 
numerous and be extended to cases too minute and particular. 
The unnecessary interference or gQverHment with the private 
concerns of the people, will always be a source of mischiefs ; 
their understanding is competent to the dirirction of their own 
affairs, and, when left to itself, will generally lead to measures 
the most beneiicial, both to themselves and the pubjick. 

Frequent alterations of the law are likewise attended with 
inconvenience, as they sometimes produce effects which wero 
not foretfeen, and occasion greater evils than they were design-^ 
ed to remedy. They tend to wea^ken the government by di- 
minishing the confidence of the people in the stability of its- 
councils : for niiiform measures alone can preserve its reputa- 
tion, or pHK-ure durable advantages to the Stale. It is of im- 
portance too, that the laws should be understood by the citi- 
zens ; but, if they are often changed, they will not be under- . 
stood, nor indeed wilt their real tendency be always known j , 
the most j«dicious plans of improvement may require a num- 
ber of years to produce their beneficial effects, and the want of 
consistency in the measures^ of government would defeat the 
purposes, which they are, intended to accomplish. It would, 
therefore, be unwise to substitute new and opposite systems, . 
until experience has proved, that those which are already in . 
use are m.an.ifestly inconvenient. 

But changes in the constitution of government are more 
injurious than in the system of laws ; even a small innovation , 
may destroy its principles. The framers of the national con- 
stitution had before them, not only the forms, which had been 
prel'eiredby the several States, but those also, which before 
that lijiie had been devised in other ages and nations ; arjd, 
though the repeated experiment^?, which have since taken place - 
in Europe, may suggest matter for warning, they afford nothing 
ibr imitation. If, not\iithstanding, it is found by experience,, 
that the, constitutiori operates very unequally, or the con-. 
&truetifi|>.pf any p^rt is doubtful; iim?cdments n>ay b^ ^cces-. 



T37 

sary, to alter or explain it. But it is in vaii^ to expeet that all 
will be satisfied. Free 2;ovcrnments admit of an endless varie- 
ty of modilieations, and the opinions entertained of tlieir res- 
])ectire merits are equally various. When the constitution was 
established, perhaps no man, that became subject to it, was 
perfectly pleased with every part. It was the result of mutual 
concession, and such indeed must always be the case, when 
a foriii of government is voluntarily accepted by a commu- 
nity. 

Almost every nation, at some period of their existence, 
have enjoyed the privileges of a free Slate ; but how few have 
preserved them ! — they have been lost by the inconstancy of 
the citizens, or forfeited by their vices. In many rcpublicks, 
repeated variations in the modes of jj;overnmei.l have taken 
place, as different parties happen to predominate, until the peo- 
})le became weary of changes^ and preferred the quiet of abso- 
lute power, to the tumults of perpetual revolution. In the 
minds of some men, there seems to be a restlessness which ren- 
ders them dissatisfied with any uniform course of things, and 
makes them eager in the pursuit of novelty ; they abound in 
projects, and are ever nieditatina; some fanciful change in th« 
plan of government, which their imaginations re))respnt as use- 
ful. But men of great ambition are still more dangerous; 
they commonly make the. fairest pretences to j)rinc3ple, though 
they are actuated ©nly by self-interest. If the constitution or 
law\> of their country present obstacles to the accomplishment 
of their wishes, they employ every artifice to alter or abolish 
them ; .and, if individuals oppose, their attempts, thej' are e- 
qually artful and solicitous to destroy their induence, and ren- 
der them oviious to their fello\v'-citfzens. 

Few men, even in a prosperous community, are fully sat- 
isfied with their condition ; a groat part are easily induced to 
believe, that there is something wrong in the government or 
laws, which might be rectified to their advaniuge ;. they there- 
fivie readily enibrace any specious j^roposvil to elFect an altera- 
tion. l;he crafty and ambitious know how to avail themselves 
of this disposition to change, and eiicourage their followers to 
expect, that the ameiulments they propose will perfectly suit 
their case, and produce the very blessings they wish ; in this 
^■iiv. tbey not only effect thcifiminediatg^ obj^ect^ but acquire 
M-L- 



338 
• • • • 

an influence which enables thein afterwards to accomplish tlie = 
inost destructive innovations. Such persons encourage hopes, 
that can never be realized, and excite complaints, which the 
most wise and benevolent administration is unable to remove. 

Indeed, we are generally apt to ascribe too much to thd. 
efficacy of lav.'s and government, as if they alone could secure ■ 
the happiness of the people ; but no laws will be sufficient to 
counteract the influence of manners which are corrupted by- 
vice and voluptuousness ; and it is beyond the power of any 
government to render the circumstances of the ci'izens easy 
and 'prosperous, if they want the habits of industry and frugal- 
ity. — Government is necessary, to pi-eserve the public peace, - 
the persons and property of individuals ; but our -social happi- 
ricss must chiefly depend upon other causes ; upon simplicity 
and purity of manners ; upon the education that we give our 
children ; upon a steady adherenq^ to the- customs and institu- 
tions of our ancestors ; upon the general diifusjou of know- 
ledge, and the prevalence of piety and benevolent affections 
among the people. 

Our forms of government, are,- doubtless, like all other 
institutions, imperfect; but they will ensure the blessings of 
freedom to the citizens, and preserve their tranquillity, as long 
as they are virtuous ; and no constitution, that has been, or- 
can be formed, will secure those blessings toa.depraved and 
ricious people. 

The unanimity, which appeared in both i>raHches of the 
legislature, when a proposed amendment to the national consti-- 
tution was disapproved by you at the last session, may seem to 
render these remarks superfluous ; but as the constitution of 
this State does not require, that such amendments shall he laid^* 
before the executive, for approbation; and, as oth-er questions 
of this kind are likely to arise, I trust, there is no impropriety- 
in suggesting these rellecdons^ or in adding my testimony in fa- 
vour, of the priiK'iples you adopted, in the iu^tar^ce, to which 
1 -refer. 

You, gentlemen, I presume, will do^ alt in your power, 
k> preserve and ))eipetuate the advantages enjoyed by our fel- 
low-citizens ; by supporting jhe good order of society, and in- 
c'reasing the influence of virtuous manners ; and by cherish- 
iag s.chpok.aatl seminafics of learjiing, where our youth- imiy- 



135 
• • • • 

bb ins-triicted in the rights and benefits of equargovemntenr, - 
a«d strengthened in their abilities to assert and preserve them. 
As the university of Harvard college is placed by the consti- 
tation under the peculiar patronage of. government ; and as it 
is made the special- duty of the legislatures and magbstrates of 
the State, at all times to cherish it, you will in a particular 
manner be disposed to afford that institution such encourage- 
ment and support, as its circumstances may render necessary. 

The spirit of candour and of mutual deference, which: 
were manifested in both Houses at your former session, afford 
the best assurance, that your views will continue to be direct- 
©tl to the common goods If, from the state of the public 
mind, there is danger of the impulse of party spirit, you will 
be convinced, that every unnecessary dispute, which would 
have a tendency to inflame that passion, should be avoided ; 
and I hope, and trust, that such proofs of justice and impar- 
tiality will appear in all your measures, as the most dissatisiied 
will be forced to respeet. 

CALEB STRONG. 



ANSWER OF THE SENATE. 



May it please your Excellency y 

WE acknowledge, with gratitude to the Supreme Dispos- 
«r of events, those circumstances of publick prosperity, under 
which we are now assembled, and are deeply impressed with 
a seiis<? of his goodness, the past year, in supplying abundantly' 
the wants of the people, and exempting them from that fatal 
sickness which has vissited several cities of the United States. 
We feel it to be our duty, relying upon the blessing of the 
Almighty, to use all the precautions, which expeiience or 
science may suggest, to prevent the return of this desolating 
disease. 

The skill and intrepidity displayed hy a citizen of this 
coramonwealtbj'w-hich coDtribUted so largely to the coiiclusio»- 



of a treaty" witb Tripoli and the emancipation of our cbunt?y*- 
men, have reflected honour upon the individual, and increased 
the glory of our nation. These and other acts of heroism re- 
cently exhibited by our fellow-citizens, together with the well- 
equipped and organized state of our militia, are sources of 
high satisfaction, at a time when we are informed by the chief, 
magistrate of th^ United States, that the employment of force 
may be necessary in consequence of injuries received from - 
some of the nations of Europe. 

It gives us pleasure to be informed that the State Prison 
is completed. The necessary arrangements, concerning th«- 
regulation and management of it, claim, and will receive, our. 
early attention. 

To redress grievances, correct, strengthen and confirm the 
laws, and to make such new laws, as- the common good may 
require, is a duty enjoined upon us by the constitution. 
"While we make it our constant aim, to discharge this duty, 
with fidelity, and to adopt such measures as the publick good 
may require, we shall be mindful of the suggestions made by 
your excellency,, that the laws may be too numerous, and that 
frequent alterations in tlicm sometimes occat>ioa greater evils, 
than they were designed to remedy. 

We are convinced, that, in order to accomplish any valua- 
ble purpose, the measures of government should be uniform 
and consistent ; that the laws should be well understood by , 
the citizens, and their real tendency always known. Instead 
theretbre of adopting visionary schemes, we shall listen to the 
Toice of experience, and only apply subt.^itutes for such exist- 
ing regulations, as appear to be mauile^tly opposed to the pub-^ 
lick welfare. 

We shall look, with a still more cautious eye, upoa 
tvery innovation attempted to be made upon our national 
constitution.. The integrity, experience and extensive infor- 
mation discovered by the illustrious characters who framed, 
ihat valuable instrument, and the series of publick prosperity- 
enjoyed under it, entitle it to our highest veneration. Its ex- 
cellence appears with still greater lustre, when compared 
nith the ephemeral constitutions of many nations, which have v 
fiitted a.croiis the eye in rapid succession, and then sunk into > 
iotal oblivion. We arc not iuscasiblo that our form of go- 



141 

vprnnrent must be imperfect, as was the nature of its authors; 
but we recollect at the same time, that any proposed alteration, 
under the name of amendment, is liable to the same imperfec- 
tion. 

Believing, therefore, that the principles of the constitution 
are as well adjusted, as human infirmity will permit,- and that 
a small innovation may essentially pervert its original tenden- 
cy, we shall exert ourselves to preserve it in its present form, 
except in cases, where its operation shall- be found to be ex- 
^emely unequal and oppressive. 

The testimony, whieh your excellency has expressed uv 
favour of the resolutions adopted by the legislature, when a 
proposed amendment in the national constitution was disap- 
proved by them the last session, proceeding from a statesemaii 
of great experience, and one, who, having been, a, nu^nber of 
the° general convention, must have known the principles, on 
whicli the constitution was formed, is highly pleasing to the 
senate. The recollection, that so few among the nations, once 
enjoying the blessings of freedom, have retained their privi- 
leges, is' calculated to excite our attention to those causes, 
which produced their destruction. Inconstancy and vice among^^, 
the people are undoubtedly the prominent sources of this ca- 
lamity. The specious and restless, and still more frequently,, 
the unprincipled and ambitious, are ever ready to avail them- 
selves of the common ardour for novelty, and, by exhibiting 
false allurements to the thoughtless and uniformed, are fre- 
quently enabled to. sab vert the best established system of gov- 
ernment. Disappointed and bewildered in the pursuit of fan- 
cied improvements,, wliich can never be obtained ; linding that 
substantial good has been abandoned, to pursue an illusiv© 
phantom ; chagrined and exjiusted by fruitless exertion, the 
mind at length relaxes, its efforts, and submits to that absolute 
power, which, although it dissipates the visions of hope, at th(i 
same time relieves from the distress of anxiety. To prevent 
these evils, it is necessary that knowledge should be generally 
dit^'used, industrious and" frugal habits formed, and pious and 
benevolent affections cultivated, among the people. 

That the advantages enjoyed by our fellow-citizens may 
be perpetuated, we shall do all in our power, to increase the, 
juiiuence of yii^ru^us manners j and, that ,th^ abilities of oi;^ . 



• • • • 

y^uth to uivderstand and assert their rights may bf s^reiigtKen— 
ed, we shall cherish schools and seminaries of learning. The 
university of Harvard college, placed by the constitution under 
the peculiar patronage of government, and endeared to us by. 
the recollection of its great utility and the number of illustri- 
ous legislators and statesmen, whose names are- enrolled among, 
its sons, we shall consider as entitled to ample support and en» 
courageHient. 

In the present, as in our former sessions, we shall endeav- 
our to avoid all disputes tending to inflame the pas»sions, and 
direct our views to the promotion of the pul^lick welfare. 
And, so long as we follow the dictates of Justice and impartial- 
ity, we hope to command the respect of those, whose interested- 
tiews or dissappointed expectations may render them most di*--* 
aiitiatied with our measuresi 



ANSWER OF THE HOUSl^. 



May it phase yeur Excellency, 

WE readily acknowledge, that we are bound to entertain- 
the most grateful emotions for the prosperity of our country^, 
tspecially when we compare ojjr condition with that of most 
of the christian nations of the earth. 

We enumerate, among the causes of our gratitude, the 
peace with Tripoli. Bj this event our commerce in the Medi- 
terranean is rendered more secure, and a number of our valua- 
ble citizens, languishing in ignominious slavery, have been re- 
st' jed to liberty, to their friends, and to their country. In- 
the course of the operations which have led to this desirable ob- 
ject, we recognize, with pleasure, the undaunted bravery of our 
seamen, and the skill and enterprise of their officers; we have seen 
them unappalled by the danger, and even certainty of death. 
"Jhese eiibrts, seconded by the co-operation of a land force, 
conducted by the distinguished courage and persevering exer- 
tioagof one Qf our citiaeas, have undoubtedly contributed te>: 



143 
• • • • 

a<!celerate the pleasing event. We hope, when all the circi^m- 
stances, which attended the pacification, shall have received 
publicity, it will be fouad to have been as honourable and 
beneficial, as the state of things would permit. 

Allied to the ocean by our agricultural industry, by our 
fisheries and by our commercial genius, we cannot but feel the 
liveliest sensibility on the subject of our European relations. 
We know that rights which can be promptly and efl'ectually de- 
fended, are rarely assailed. With a respectable navy, (which 
can never be inimical to freedom) we connect, in our imagina* 
tion, necessnry protection to individual property and the most 
desirable national importance ; with its absence we connect 
sufferingfe, losses and humiliation. The aggressions, which have, 
occurred, may, we are officially informed, compel the Ameri- 
can nation to sacrifice their laudable love of peace to the ne* 
cessity of vindicating their rights by force. On such an oc- 
casion, we confidently trust, that the citizens of the United 
States would have but one opinion ; and, should the govern- 
ment find it necessary to commence the unpleasant contest 
with any foreign nation, all ditference of political sentiment 
will be lost in the unity of the American character, and in th« 
etlbrts of all to support the measures of the existing adminis- 
tration, in the vindication of the national rights and the inde- 
pendence of our common country. 

The State prison is a subject demanding serious attention^, 
less because of the great expenditures involved in that institu- 
tion, than because of its ellects and consequences in the com- 
munity. It would be a source of just pride to the State, if the 
practicability of removing turpitude, during the process of pun- 
ishment, could be proved : and also that individuals can be 
returned to society as good subjects, v^ho had been secluded 
from it for having forfeited their title to its privileges. 

We concur with your excellency in the nature and im- 
portance of the duties which devolve on the legislature, and 
in the mistaken policy of a frequent change -in the laws. We 
are persuaded that the legislative power of a sovereign State 
should be exercised only of necessity ; and that the most pex- 
nicious exercise of it, is .-^uch as must.be immediately followed 
by statutes of substitution or repeal. 



'!A4 
• > • • 

'Ills a cause of regret, that so many laws have boc*'' 
"thought expedient concerning the judiciary; and of greater 
regret, that still iurlher provisions are indispensable. I'ourli- 
ing this highly important branch of the government, whicli is 
^' the immediate and invisible guardian of property, characteraml 
life,'' we trust we are assembled with new experience, and with 
the most patriotick dispositions. It is confidently believed, 
ihat the session will not close, without an harmonious and ar- 
dent endeavour to remove the evils, which attend the adminis- 
tration of justice under the present system^, and to relievo the 
publick from the excessive burthens, which accompany an ap- 
peal to the laws for their reme-ditd influence. 

We are gratified in finding, that your excellency's opin- 
ion on the late proposed amendment of the federal constitution 
comports with the unanimous vote of the legislature. The 
changes, which are wrought by the lapse of time, in the state 
of the nation, may make amendments unavoidable in that in- 
instrument, if a reciprocity in its benefits is {o be secured to the 
union. The commendable jealousy of republicans justifies 
the belief, that proposals to amend, not grounded on such 
changes, are intended, not to perp«tuate, but to destroy. Such 
proposals must be regarded as marking designs^ which the au- 
thors of ihem dare not avow ; and as aiming at the existence 
of our liberties, Ik.'.-, ever fascinating and grateful may be the 
-forms, in which they approach. 

It will occasion mingled regret and astonishment to those 
who shall read the liistory of our C(»untiy, if they do not iind 
in it, that our political liberty was preserved. TJjeffact of our 
having had the power to choose our own .government ; our 
Jocation on the globe ; our means of information ; our abun- 
dant resources ; our religious toleration ; our attachment to 
habits of virtue and piety ; if these will not avail, there can 
Jbe no hope of rational freedom. The history of our specie* 
has prepared us to expect, that in this country, as in otheis, 
which have been iu. the fruition of all the blessings, of which 
human nature is susceptible, there would be men restless, diiy- 
.satisfied, or dangerously ambitious. But we are not prepared 
to believe, that such men, by themselves, or their agents, can 
permanently incline us to listen to calumnies against the wiscsX 
itttd worthiest patriots ; nor.engagc us to neglect, to abandoi^ 



145 

f.nd to revile the authors ol our country's ft'licity. It is a 
im-'lancholy truth, that the success of such designs has convert- 
ed every republick, that we liave known of, into a frightful 
despotism. But, as our institutions are different from all, 
which have preceded ihem ; as our citi'zens are (lifferent from 
all, who have ii\ed under similar governments; we feel an 
a^urance, that tin.' result of our political experiment will also 
be different. If we are deluded in these hopes; if the great 
body of the community will not be intlucnced by such eviden- 
ces, on this momentous subject, as govern them in all the com- 
mon concerns of life ; if it be their inclination to be deceived 
by those, who covet dominion over them ; the patriotick and 
the virtuous cannot avert their destiny. A continued exertion 
for the publick benefit is nevertheless, an imperious duty. If 
it should be without avail, consolation will be derived from the 
reflection, that posterity will form an impartial tribunal, and 
from the records of history will pronounce an unerring judg- 
ment on merit and demerit. A far higher consolation may be 
derived from feeling conscious that the actions of men are to 
be scanned, where they will be had in remembrance, as testi- 
monials of title to unchangeable approbation or reproach. 

We are deeply ijnpressed with the inseparable connexion 
of Uvii governments with learning, piety and virtue ; and 
shall feel it an indispensable obligation to spare no exertions, 
indivi(iually and collectively, which may tend to their promo- 
ti(;n. The university is especially under the patronage of the 
legislature ; and we entertain ai^ expectation, that the present 
official vacancy will he so filled, as to increase its celebrity, 
and give occasion for the exercise of illustrious virtue and tal- 
ents. 

We doubt not, a spirit of candor will govern during the 
'Session, and that weshiill feel thai our mission is to legislate, 
and not to inflame party animosity. 

The tenour of your excellency's Ufe, and the uniform ex- 
ertions of your abilities, while you have sustuined a political 
relation to this people, assure us, that we shall have your con- 
currence in every measure, which will be conducive to the 
publick welfaie. 



U6 



Y HIS EXCELLENCY CALEB STRONG, ESQu^iitj^, 
Goveniour of the Commonwealth of Massachusetts 
A PROCLAiAlATION 

For a DAY of PUBLICK FASTING and PRAYER. 

REVERENCE for the Divine Being, who extends Uk 
•are over all II,. works, and whose regulations are calculated 
for the general beneiit of His creatures, though they continual- 
y otlend Ilim ; and a consciousness, that we are indebted to 
His mercy forall the public and private blessings we enjoy; 
should dispose us, when we begin the employments of the year 
agreeably to the practice of our forefathers, to humble \mvl 
selves betore Him, as a people; to acknowledge our depen- 
dence ; and beseech Him, that He would awaken in us a sense 
ofourunworthiness, andthe guilt we have contracted; that 
by humiliation tor our ofiences, and by penitence and prayer, 
^ve may obtain, through the merits of the Mediator, the tor' 
givencss and favour of Heaven. 

r..;n.T^'''*^r"''lf 'V^K''^^^''^^"^ consent of the council,.! ai)- 
po ntr/..;W«^ the t nrd day oUpril next,to be observed huL 
btate,as adayof publicfasting and prayer ;--and the different re- 
ligioussocietiesiire requested to meet together for public worship 
on that (lay that we may join to supplicate for the peace and 
prosperity ot our country; and to commend ourselves to the 
pro ection of that Almighty Being, who directs the conduct 
It ^"'ri'!^' ^"^^ ^'''^' '^^'^ ^«d «^*PPo^t to all His creatures ; 
and beseech Him, that He would forg.ve our sins, and be mer^ 
Citul to us, as He ever has been to those, that love His name • 
and that, in answer to our request,He would grant us whatever 
shall be subservient to our private b.opincss, or conducive to 
ttie public good. 

That he would prosper the United States, and preserve 
them from external enemies, and from discord and division a- 

cheiish the rights secured to them by their Constitution, and 
be skived Irom the baneful influence of licentiousness ; and 
that the president and congress, by a wise and faith tul per- 
formance o their respective dutie.,may advance the honoi' and 
happiness of the natiun. 

That the people of this Statx? may be of one mind and live 



m 

m-peace ; ami that all bitterness and wrath and ciamcar may 
be put away from «s, with al! n.aiice ; and that we mav spealc 
every man the truth to his neighbour. That a conviction ot' 
our own failings may teach us candour, and a sense (^'. our 
constant dependence on the Divine bounty incline us to hah- 
itnal and dniusive benevolence to our fellow creatures. That 
the gospel may be attended with convincing cvidcncp of its Di- 
vine authority, and with efficacy and success in reforming the 
lives and purifying the hearts of men. And that lie would 
grant us the influences of His Spirit,to assist and animate us in 
aUtheservices, and to support us under all the suileiinus of 
irie ; that, in every period of trouble and dani:-er,we may°eon- 
ijdein His wisdom and goodness, and look to Him for our de- 
fence and safety. 

That, in the course of this year, He would (rfve us rai w in 
due season, and abundantly bless our provision, and satisfy ihe 
poor with bread. That He wouUl continue to us tl)- enioy- 
ment of peace and health. That He would protect our con'.- 
mence, and prosper our manufactures and fisheries ; and that, 
by His blessing on the instructions and government of our col- 
leges and schools, the minds of our youth may be enlicvhtcncd 
and cultivated, and formed to habits of virtue, indusrry and 
subordination. 

That He would humble the pride and arrogance- of those en- 
emies of mankind who delight in war, and who sacrifice the *^ 
peace of nations to their ambition. That the cause of truth 
and righteousness may triumph av6r all opposition, and be 
universally established in theearth ; and that the christian 
church may be purified and enlarged, and made an etermil ex- 
cellency, a joy of many genciations. 

And the people of this State are requested to abstain from 
^unnecessary labour and recreation on S2|id day. 

Given at th-e Council Chamber in ftostoH, thi.s seven- 
teenth day of February, in the 3'ear of our Lord 
one thousand eight hundred and six ; and in the 
thirtieth year of the independence of the United 
States of America. CALEB STllONG. 

% his ExccUaicfs counnandy, uiih the ) 
advice and consent of Council. \ 

JOHN AVERY, Sccnnmj,. 
GD.D save the commonwealth of Massachusetts. * ' 



• • • • 

speech; 

DELIVERED JUNE 17, 1806 

Gentlemen of the Senate, and 

Gentlemen of ike IIuu}>e of Representatives^ 

THE constitution makes it necessary for the legislative 
Body to assemble on the hist Wednesday of May, tiiat the two 
houiics Tnay judge of the election of their own me-m hers, appoint 
their oflficers, and determine their rules of proceeding ; and, in 
tfiisc the full number of senators is not elected -by a majority of 
all the votes returned, to supply the deficiency ; and to make 
fhoice of a council to advise in the executive part of govern- 
ment. Having performed these several duties, you will pro- 
feed to make and establish sUch reasonable laws, as you shall 
judge expedient for the good and welfare of the commonwealth, 
and the necessary support and defence of the government. 
But it has been found inconvenient for the members of the 
general court to be long employed in the public service at this 
season of the year, and therefore they have usually postponed 
to the winter session such business, as did not require thei? 
immediate notice. 

The secretary will deliver you a communication, which 
1 have received trom the governour of Maryland, relative to 
an amendment of the federal constitution; and also a letter 
from William Ivaton, esq. expressing his acknowledgments to 
the legislature of this State for the testimonial, which they pre- 
sented him at the last seosion, of their approbation of his ser- 
vices. 

He will also deliver toyoua letter from the superintendent 
of the State prison, representing that a sea wall will be neces- 
sary, to prevent the c^artb, which is tak(wi from the prison 
yards, from being washed away, and proposing some regula- 
rions for the security of the prison, which cannot be adopted 
\vithout the sanction of legislative authority. 

The treasurer has transmitted to me a state of the treasu- 
ry on the tlrst day of this month, with a request that I would' 
communicate the same. to the §;encral. court. 



• • • • 

Permit me also to recommend to your consideration the 
contents of a letter addressed to me by Theophilus PiLrson3,es(j. 
chief justice of the supreme judicial court, relating to the 
compensation allowed to the justices of that court, and partic- 
ularly to the grants made by the legislature in part of it, which 
are not permanent. - 

By a message to the general court of the ^th of June. 1 804-, 
they were informed, that I should readily acquiesce in such 
resolution for disposing of the province-house, as they might 
think proper to adopt. But I have not heard that any mea- 
sures were afterwards taken by the two houses on that subject. 
The family, who have lived in the house, for several years, and 
with whom I resided, when in town, have left it since the last 
session, and it remains unoccupied. 

I have received a letter from Charles Turner, jun. esq. 
who was appointed i^y the agents of the commonwealth, and of 
the Plymouth company, in pursuance of a resolve of the 27tli 
of last February, to perform the duties, which had been as- 
signed to Lathrop Lewis, esq, by a vcsolve of the 15th of Febru- 
ary, ISO^, stating, that in March last, he attempted to run the 
boundary line of the Plymouth company's land on the river 
Kennebeck, as far as the land of the commonwealth and that of 
the Plymouth company joined each other, and that he met 
with such opposition from the people in that vicinity, as indu- 
ced him to desist, before the business was accomplished. — This 
' letter will also be laid before you. 

The treasurer intbrms me, that iho directors of several of 
the incorporated banks in this State neglected last year to have 
the weights used in their respective banks compared, proved 
and sealed by the Treasurer, or by a person specially author- 
ised by him, in the manner required by the additional act for 
the due regulation of weights and measures, passed on tha 9th 
of March, ISO-i-. If those requisitions are unnecessarily bur- 
densome, you will doubtless amend the act : but, if they are 
i^seful and important, you vvill probably take measures for car- 
rying it into full execution. 

In a letter directed to me by the inspector of beef and 

pork, he suggests, that the inspection laws of t'.i< Sjate are very 

imperfect ; and that some of the additioi\al acts, which have 

ween made to regulate the system, have tended rather to per- 

N.2 



150 

• • • • 
plex and emharrass, than to improve and explain, it. ThTs 
subject, I presume, will receive from you that degree of atten- 
tion, which is due to its importance. 

In free States, where the mind is neither subdued by force 
1X0 r awed by terror, even the appearance of unanimity is not 
to be expected. But, whatever differences of opinion may pre- 
vail among our fellow-citizens, we, as agents of the common- 
wealth, have one and the same interest to pursue, and are bound 
by the most solemn obligation to pursue it invariably., Our 
constituents have a right to expect our warmest zeal, not for 
the success of a party, but for the public good. You, gentle- 
men, I trust will have this object constantly in view, and in- 
stead of consulting private interest, or gratifying partiality or 
resentment, will be ready to agree in all cases, where the gene- 
ral welfare of the State is concernedo Siieh an example in the- 
legislature will have the happiest tendency in every part oi 
the commonwealth to abate the fervor of political dissensions, 
and prevent or repress those internal feuds, which, if long con- 
tinued, admit of no reconciliation; and which in other coun-> 
tries have proved fatal to almost every free government. 

CALEB STRONG^ , 



ANSWER OF THE SENATES 
Mat/ if please your Excellency y 

THE senate have received the address, which your ex-- 
cellency has been pleased to make to both branches of the le- 
gislature, with that respect and consideration, which is due to 
the first magistrate of a free people. 

Having organized the government, according to the con?- 
stilution, we believe it will not be expected by our constituents 
that we should continue longer in session, than may be found 
liecessary to conipietfi, such laws, as their immediate welfare 
akall rcc^uirei 



}5i ' 
■ • • • 

In a State like our own, where free discussions of publick 
measures are cherished by the constitution, perfect unanimity, 
isnot to be expected ; -but, if such discussions have at any- 
time been directed by party zeal, or selfish motives, we have 
the satisfaction to believe, that even these have tended to 
prove the correctness of its principles. 

While ive agree with your excellency, that " whatever 
differences of opinion may prevail among our fellow-citizens, 
we, as agents of the commonwealth, have one and the same in- 
terest to pursue,'', we cannot for a moment relinquish the fond, 
hope that no consideration of party politicks will swerve the 
legislature -of Massachusetts from that path, which leads to 
the perpetuation of our constitution and the confidence of our 
fellow-citizens. 

The several subjects mentioned in your excellency's comr 
raunication shall receive our particular attention, and we shall 
cheerfully co-operate in affording that dispatch to the business, 
ei.the session, which the publick good requires. 



ANSWER OF THE HOUSE. 



Maj/ it 'please your Excellency y 

THE house of representatives have received with plea^- 
sure the communications of your excellency, and will give 
them a prompt and deliberate consideration. The present 
session has been hitherto chieflly devoted to the organization 
of the government, and, this being accomplished, it seems in- 
expedient to prolongit,unless the pressure of publick service re- 
quires. In the exercise of the constitutional power of the two 
branches of the legislature, respecting the returns and election 
ofa chief magistrate,various questions of gi'eat importance have 
arisen, and occasioned much deliberation, in order that such de- 
cisions might be made to comport with the true principles of 
•ur government, and the permanent interests of the people. 

Differences of political opimon unavoidably flow from tku 



152 ' 

free exercise of the understanding, and are intimately connect- 
with tiie nature of republican institutions. When confined 
within the boundary of reason, they may be considered as salu- 
tary,. by awakening a spirit of inquiry, and diffusing a sentiment 
of toleration. But the interest and tranquillity of every gov- 
ernment require, on the part of the people, a respectful atten- 
tion to the constituted authorities, which shall resist the im- 
putation of improper motives of conduct, and. on the part of 
those authorities, an elevated ambition for the public good, 
which shall 'bury party animosities and private resentments, 
I>y a faithful discharge of the duties prescribed by the consti- 
tution', by an endeavour to promote harmony in the monftent 
of political dissensions, and by a sincere determination to- act 
for the public weltare, we- hope to merit the confidence, and to 
promote the felicity, of our fellow citizens. 

Blest, as we are, with a constitution, formed upon the 
principles of political wisdom, and with a national adminis- 
tration, whose measures are directed to the honour and pros- 
perity of our country, v^^e cannot fail to enjoy the benefits of 
liberty, if we are not insensible of our duties, or careless of 
our privileges. Rem.oved from the contentions and miseries of 
foreign nations, may we support the dignity of freemen by a 
generous confidence in our rulers, and by an exalted sense of 
national character. 



»Y HIS EXCELLENCY CALEB STRONG, ESQUIRS, 

Governour a7id.Command€r in Chief in am over the Commonwealth' 
of Massachusetts. 

A PROCLAxMATION, 
FOR A DAY OF PUBLICK THANKSGIVING AND PRAJSB. 

TO impress our minds with veneration for theSupreme Being, 
and awaken them co pious and devotional gratitude for the 
publick blessings we enjoy ; it becomes us, at this season of the 
year, agreeably to the practice of our forefathers, to set apart 
a day for religious and social worship ; That we may join to 



155 

nfTTer up our sacrifice of thanksgiving to the Father of Mercies^,, 
in whom we live, and move, and have our being, and ascriber 
the praise of all our peace and prosperity to His care and fa- 
vour ; and beseech Him, that Hg would continue to us hisgra-* 
C'ious protection, and enable us to yield Him that faithful and 
constant obedience, which his perfections and our increasing 
obligations to him concur to demand. 

I'herefore, with the advice and consent of the council, I 
appoint Thursday^ the twenty-seventh A?iy oi November next, to- 
be observed in this State, as a day of publick thanksgiving and 
praise ; and the ministers and people, of every denoinination o£ 
christians, arc requested to assemble in their respective places 
of publick worship; that, with a solemnity suited to this religi- 
ous and joyful festival, we may unitedly pour out the devout 
em.jtions of our hearts in gratitude to our common BenefactOi-, 
for all the bounties of Providence, which he has conferred up- 
on us. For the inestimable blessings of civil and religious lib* 
€rty ; for the maintenance of publick peace and order, and* 
the security of individual rights ; for His blessings on the la- 
bours of the husbandman ; that the fields have been loaded 
with plenty, and the 3'ear crowned with its fruits ; for the suc- 
cess which he has vouchsafed to our trade, manufactures and 
fisheries ; and that notwithstanding the obstructions, to which 
commerce is exposed, our country fl^ui'ish^es in wealth and in- 
dustry ; for his goodness in continuing to us so great a measure 
of health, and preserving us from contagious and desolating 
^ckness ; and, above all, for the gospel of his Son, which has 
clearly manifested the purposes of his mercy; and which, while 
it points out to mankind the way to happiness, inspires them 
with the most benevolent sentiments, and recommends the most 
amiable qualities. 

And, while wx praise him for past benefits, let us suppli- 
cate the continuance of His favour, and commit all our con- 
cerns to the care of His wise aixl gracious Providence ; and en- 
treat Him,, that He would forgive our multiplied offences, and 
incline our hearts to walk in His ways, and tv) keep all His 
statutes, which He has commanded us. That by His grace He 
would subdue the prif^i- of our hearts, and banish every impure 
and malignant affection from them ; and that we may serve 
kim with fidelity and cheerfulness in the abuiulance of the good 



• • « • 

things he has given us, so that when vv6 can no longer he (ed' 
with the gifts of His providential bounty, we may be filled with 
the fruit of the Tree of Life. 

That our national and State governments maybe under 
the guidance and direction of His Spirit, and be led into such 
measures as shall conduce to publick tranquillity and happi- 
ness. That the means employed for the moral and religious 
instruction of the people, and for the education of youth, 
Hiay be succeeded. Timt he would preserve us from animosity 
and dissention in our political concerns, and from a censorious 
and intolerant spirit, under the pretence of zeal for that reli- 
gion which consists in love to God and chanty to man. 

That He would grant peace and safety to the nations of 
Europe, and protect the helpless and weak from the insolence 
and cruelty of unrestrained power. That the gospel may^ 
speedily have that universal triumph, which we are encouraged 
by the oracles of truth to ex})ect ; and that all nations may 
come and worship before Him, who only is holy. 

And the people of this State are requested to abstain from 
such labour and recreation, as are inconsistent with the religi- 
ous services of the said day. 

Given at the Council-Chamber, in Boston, this twenty- 
second day of October, in the year of our Lord on« 
thousand eight hundred and six, and in the thirty- 
first year of the independence of the United States of 
America. 

CALEB STRONG, ' 

By his ExeeUency's command, with the 1 
advice and consent of the Council. 3 

' JONATHAN L. AUSTIN, Secretarii. 

G-od save the Comjnonwealth of Massachusetts. 



155 



SPEECH 

UffiLlVERED JANUARY 8, 1804. 
Gentkmen of the Senate, ojid 

^^^^tlemen of the House of Representatives, 

mamMm 

mentand happiness of our felloi^it e,'^'l;eTn , ' , ^2^ 
men, to assure you, that no care shall be wa, t ™ oT^f p rT 
"nSrS'r^ '^^ ^^ '''*^^'^'<^' '» '^-«a,„,„e,U o"f Z^^^i 

2^^"^:i^:'l:;ri^-:^;t---^^ 

and nranagement, ,n pursuance of rhe an.hori.v Jiver.l eX 

be fullv nfont,! ff " ""'" ''°<^"™ents the legislau.re will 

of the institution. ^ ''""^^ '" P''"'""''' ""= ''^^ig" 

late te Lure o tt ' " "'"'' '^".'^ ''*J"^' "'« »^^™»'^ °f the 
t.easurer of the comn>onwea)th. and to transfer the book. 



156 

and propei-ty of the publick in that office, to the present trea* 
surer, have accordingly made a settlement ; and, in compliance 
with the order, have reported a statement thereof to the gover- 
nour and council, which ^N^ill be laid before you by the secre*" 
4ary. 

He will also deliver you the annual return, from the ad- 
jutant-general, of the militia of the commonwealth ; and the 
quarter-master-generars returns of the ordnance and military 
stores belonging to this State. 

You will perceive, by the treasurer's account, which will 
be laid before you in a few days, that, a vigilant and frugal ad- 
ministration of the publick revenue is necessary, to defray the 
expenses of the commonwealth, and discharge what remains 
due to its creditors. Notwithstanding the frequent reductions 
of our State debt, since the close of the war, in which it was 
incurred, it still amounts to eight hundred and fil'ty-six thou- 
sand dollars ; the interest of which at five per cent, has, for a 
number of years, been regularly paid. 1 think you will en- 
deavour to provide for the principal, as soon as conveniently 
may be ; and that you will be solicitous to effect this object 
without increasing the usual publick taxes. The same ac- 
count from the treasury will exhibit the [demands in favour of 
the commonwealth, and the other means we possess of discharg- 
ing the debt. Unless the creditors preler a continuance of the 
loan, at the rate of interest, to which they are now entitled, the 
policy as well as justice of delaying to make j)ayment, when- 
•ever it -is in our power to do it, may be doubted. A wise gov- 
<3rnment will always consider probity and good faith in perform- 
ing their engagements as the most valuable treasure they pos- 
sess, and the most certain resource in all the exigencies, to 
which a community is exposed. 

The strength of a rei)ublick consists in the mutual depen- 
dence and agreement or its several parts. A consciousness of 
their individual wants and weakness unites the membersamong 
themselves, in the bond of common interest ; and, so long, as 
a firm and sincere regard to the common good prevails, it ren- 
ders the republick invincible, and enables it to maintain its 
liberty and independence against all its enemies. If the State, 
while in this condition, is threatened with any injury from a- 
bioad, the private quarrels and party dispute* of citizens are 



157 
« • • • 

suspended by the loveof their country and the fear of cominoa 
danger ; they immediately unite, and are eager to perform the 
diity of their respective functions. 

It is evidenr,thereforc, tliat the security of every free State 
depends on the virtue of ("lie individuals who compose it ; and 
every individual is concerned, and may be useful, in promot- 
ing the general safety. Let it then, gentlemen, be our care to 
do all that is incumbent upon us. Let us attend to the organ- 
ization and discipline of the militia, so far as these duties are 
assigned to the several States. Let us guard against those di- 
visions and that foreign influence, which has proved fatal to alt 
other republicks. Let us endeavour to unite the people in 
friendship and mutual confidence ; and shew, by our example, 
the same moderation and candour, and the same reverence for 
the lawy, which we expect from our fellow-citizens ; and let us 
cheerfully contribute whatever the national government may 
think necessary, for the protection of our commerce, and tlK3 
complete defence of our territorial rights. 

CALEB STRONG. 



¥1NSWER OF THE SENATD. 



May it please your Excellency, 

GOVERNMENT being instituted for the common good; 
for th*^ protection, safety, prosperity and happiness of the peo- 
ple, our constituents have a right to expect, that the authority, 
with which they have entrusted us, should be employed in pro- 
moting these essential oljfjects. In the discharge of this duty, 
the senate receive with pleasure- your excellency's assurance of 
co-operation and support. 

The State prison being an-institution intimately connected 
with the safety and happiness of the people, we shall promptly 
attend to such proposed alterations as may tend to promote 
its usefulness. 

O 



158 
• • • • 

Strongly impressed with rlic irnpoitancc of piiblick credit, 
and establishing a con^dence in the probity and good faith of 
the commonwealth, we j-hall pay such attention to its-iiscal 
eoncerns, as that inti^resting subject will at all times require. 

The strength of a "rcpublick consristing in the mutual de- 
pendence and agreement ot its several parts, it becomes the du- 
ty of the public!* functionaries to cherish this important prin- 
ciple ; and permit us to assure your excellenc}', that nothing 
shall be wanting'Onour part to cultivate harmony, not only 
between the severill dej)artments of our State government-, but 
also to promote it in ull our relations to that of the nation arud 
our sister States. 

The United States, placed at a great distance from the 
powerful nations of Europe, have wisely resolved to take no 
part in their contentions; and, when united at home, can have 
little cause to fear either their force or their influence. It is, 
nevertheless, the part of a wise government to guard against 
them. If, however, from the operation of the one or the oth- 
er, our rights, commercial or territorial, are at any time me- 
naced, the general confidence w hich -is placed in the wisdom 
and integrity of the national administration, is a safe })ledge 
of that heaity assistance and co-operation, which will ensui^e 
their complete protection and defence. 



ANSWOl OF THE HOUSE. 



Maif it phase 1/ oil r Excellcnci/, 

IN convening again for the exercise of constitutional funo 
tions, the house of re})resentatives receive with satisfaction the 
address of your cxcellericy, and congratulate you on the gene- 
ral health and prosperity. Organized by the publick will, and 
sustained by the publick confidetice, we feel the deep respon- 
sibility devoUed on lis, and proceed in oi>r duties with mingled 
diffidence and zeal. We trust vAith a free-and generous pf^ople 
the fair interpretation of our conduct, and are encouraged by 



159 

the assurance, that the executive department will co-operate 
in measures calculated to secure the dignity and happiness of 
the coninionwealrh. 

In a republican government, where the popular opinion is 
distinctly felt in every departmcni, vigour and prudence in the 
exercise of its delegated powers can never be expected, unless 
union and caiukiur prevail. In vain shall the, arm of power 
be raised to crush domestic coHS))iracy, or repel foreign ag- 
gression, if the wisdom of the council be not seconded by the 
virtue of the citizen. A zeal in defence of national righrs, a 
reverence for civil authorities, and an honourable obedience to 
the laws, are the rudiments of real patritjti^m. They alona 
can insure to us, at home, harmony Jrmd happiness ; and, a- 
broad, respectability and confidence ; in peace, the undistur- 
bed possession of liberty^ reputation and property ; and, in war^ 
the successful defence of our fan^ilics and our altars. With 
these sentiments, we shall devote ourselves,, in concurrcMice with 
your excellency, to the promotion of all measunv, necessary^ 
in aid of the national government,, to protect our lawful conw 
merce and territorial rights.- 

The various subjects, relative to the State prison, the pay- 
ment of the publick debt;, and the organization and discipline 
of the militia, shall receive an early attention. Their intrinsic 
importance, and the recommendation of your excellency at the 
present moment^ entitle them to the deliberate consideration oS 
the legislature, . 



i6m 



B\'. HIS EXCELLENCY CALEB STRONG, esquir^. 
Qovernour of the Commomoealtk of Massachusetts i 

A PROCLAMATION 

For a DAY of PUBLICK FASTING a7ul PRAYER, 



AS we are now approaching the season, in which, accord-^ 
ijig to the primitive usage in this State, we hava been accus- 
toir.ed to set apart a day for the purpose of confessing our dis- 
■->bedieiu:e and ingratitude to onr Almighty benefactor ; of in- 
trearing his pardon and the assistance of his Ho!y Spirit, of im-- 
plorinii; his blessing upon irs in the course of the ensuing year ; 
that tie would grant us publiek and personal prosperity, and 
supply our wants with a competent provision of the necessaries 
aiid comforts of life ; and that He would preserve us from trou- 
bles or give us patience under them, and advantage from them : 

I do, therefore, with the advice and consenttof the coun- 
cil, appoint Thursday, the ninth day of ^jPJ'zY next^ to,be obser*- 
v'ed in this State^ as a day of publiek fasting and prayer ; and 
the religious societies of every denomination are requested to 
meet together ifi their respective placcs^of worship on that day ;. 
that with humility and repentance we may confess our numer- 
ous and ag2:ravated transgressions ; and refer ourselves and all 
our concerns to the care of that merciful and gracious Being,, 
who is long-sulferino and abundant in goodness and truth ;-»and : 
who was the guide and defence of our forefathers, and has of- 
ten deli\ered us, when we have been in danger ; and beseech 
Wwyi that, in our solemn worship. He would teach and enable 
us to piay, and give us an answer of peace to what we are en- 
couraged to ask ; and that our supplications may be animated 
with he united ardour of.devotion and patriotism. 

That He would prosper tlie people of the United States, 
and perpetuate the benefits derived to them from their consti- 
tution of government ; and that the president and congress 
maybe directed to such mea.'^ures as shall most effectually 
proniftc o.ur nutlpnal security and happiness. That H^ woulcl 



t€r 



blbjs tfi'e inliabitants of this State, and clioose us to be a pecu^ 
]iar people to himself; that our magistrates may be just men, 
and support, as far as they are able, the authority of the laws, 
and the intiuence of good morals and virtuous manners ; and 
that all, who are friends to the religion of Christ, may be uni- 
ted in the bonds of charity, and love one another, as be has 
loved them. 

Thai He would bless the springing of tbe earth, and cause 
it to yield its increase, that in due season the pastures may be 
clothed with flocks, and the vallics covered over with corn, and 
that we may long. continue to cultivate the land without fear, 
and enjoy abundant and uninterrupted peiice and tranquillity. 
'I'hat He would preserve us from contagious and v/asting sick- 
ness ; that He would protect our commerce and fisheries, and 
prosper all the work of our hands ; that the instructors in our 
colleges and schools' may be eminently qualified for their im- 
portant olhces, and our youth be diligent and virtuous, and 
hav<3 proper sentiments- of respect for those to whom their e- 
ducation is entrusted. That He would disappoint the devices 
of ambitious and unprincipled men, who have no sense of the 
calamities of others, and acknowledge no other rule of action 
but their own interest, and that all nations may be saved from 
the convulsions of anarchy,, and the cruelties of despotism; 
that He would remove out of tl>e way every thing that oppo- 
ses the Redeemer's kingdom and interest, and that all the chil- 
tlren of men may become holiness to the Lord, and the whole 
earth be filled with His glory. And the people of this State 
are requested to abstain froni unnecessary labour on the said 
day. 

Given at the council chamber in Boston, this thir- 
teenth day of February, in the year of our Lord, 
one thousand eight hundred and seven, and in the 
thirty-first year of the independeiice of. the Unit- 
ed States of America. 

CALEB STRONG. 

By HH'Excelk^cfs comjiiand, idth the \ 
adike and consent of Council. j 

JONATHAN L. AUSTIN, Secret ar. 

GOD save the Commonwealth of Massachusetts, 
02 



16^2 
• • • • 

JIESSAGE 

OF JANUARY 8, 180r. 



Gentleman of the Senate, a?id 

Gentlemen of the House of Representatives, 

A BlLIi, entitled " an act in addition to the general acfe 
Tt'^ulaiing elections," was laid before me on the lastday of your ■ 
former session, which had passed both houses on the same day, . 
maki Jig it the duty of the selectmen, and the town and district 
clerks in the several towns and districts, and of the assessors of 
plantations which are entitled by the constitution to the privi- 
lege of voting for governour and lieut. governour, and for sen-- 
ators and counsellors, to make and seal up a separate list of ' 
the persons voted for as governour and lieut. governour, in the- 
several towns, districts and plantations, and transmit the same 
according to the provisions of the constitution. And on the same 
day, a resolve which had passed both houses of the legislature 
■tvas laid before me, which referred to the act above mentioned, 
and in which the right of the inhabitants of plantations to vote 
for governour and lieut. governour, was recognized. As I had 
some doubts of the existence of this right, and had then no 
leisure to exam.ine the question, I omitted to approve both the 
bill and resolve. 

After the session was closed, I wrote to the justices of the 
y.upreme judicial court, requesting their opinion upon this ques- . 
J ion — Whether the constitution of this coynmomveaifh authorizes^ 
the inhabitatnnts of any of the unincorporated plantations in tht 
State to give their votcsfor governour and Uent. governour f 

I have lately received an answer from four of the justices< 
of that court which is a part of this communication and serves. 
to contir'm the doubts above mentioned. 

From a deliberate considc^ration of this subject I am in-^ 
duced to, believe that the inhabitants of unincorporated plan-> 
tationsare not authorized by the constitution to vote for gov- 
ernour and lieut. governour I am therefore under the necessity, 
of withholding my approbation of the said bill and resolve — 
and I now return them to the house of representatives in which 
'^f^th oii^^lDated for reconsideration. C/VLEB STRONG, 



m 



'Thefollcwing is the upimcnof tkefudges of the Supreme J U" 
flidal Court referred to in the preceding mes'sage ef his excellency 
the Goiernouv : 

May it please your Excellency^ 

WE have received your letter requesting of the justices of 
the supreme judicial court, agreeably to the provision of the 
constitution, their opinion on the following question : 

" Whether the comtitution of this commomvealtli authorizes 
*' inhabitants of any of the wncorporated plantations in the State 
*' to give in their totes for governour and lieut. governour f 

Having considered that question, we now transmit to your 
excellency the best opinion we have been able to form. 

The constitution of the commonwealth is an original com- 
pact, expressly, solemnly, ^nd mutually made between the 
people and each citizen. On this compact is founded not only 
the powers and duties of the several magistrates and offi- 
cers of government, as the substitutes and agents of the 
people ; but also the political rights and privileges of each cit- 
izen; The answer to that question must, therefore, solely de- 
pend on the construction of the constitution. 

A§ to the description of the qualiiied voters for represen- 
tatives and senators, it is necessary to consider those parts of 
the constitution which respect, as well the election of the two 
branches of the legislature, as of the first executive magistrate. 
In the fourth article cf the third section of the first chap- 
ter, the citizens having a right to vote in the choice of a repre- 
sentative, are very accurately described. This right is vested 
in every male person — twenty one years cf age — resident in 
the town for whose representative he shall vote for one year next 
preceding — and possessing the estate in that article mentioned. 
The qualifications of the voters for senators are described 
in the second article of the second section of the same chapter. 
In the first paragraph, it is declared, that at a meeting of the 
inhabitants of each town in the commonwealth, every male in- 
habitant of the age of twenty one years, having the estate there 
mentioned, shall have a right to give in his vote for the senator 
of.the district of which he is an inhabitant. By the second 



im 



paragraph vitKc selectn^en of the several 'towns are obliged^ to ' 
preside at such meetings, and to receive the votes of all the inhab- 
itants of such town present and qualified. And provision is 
made for the counting of the votes, by the selectmen, in the 
'presence of the town clerk ; for recording the same in open ^ 
town meeting, by the town clerk, In the presence of the select- 
]men — and for the transmission to. the secretary's office ©f the 
list of votes, by the delivery to the sheriff, by the town clerk, of 
a copy of a record attested by him, and by the selectmen sealed 
up and superscribed to the secretary ; or by a delivery of a 
copy of that record at his office. 

If the constitution had given no further description of any 
other personsvvho might vote in thechoice of either representa- 
tives or senators, the conclusion is manifest, that no citizen 
unless an inhabitant of some town, could be deemed a legal 
voter. 

\s early as the year one thousand seven hundred and six- 
ty one, an act was passed providing for the levying and col- 
lecting province and county taxes on plantations not incorpo- 
rated ; and for this purpose obliging the inhabitants of planta- 
tions thus taxed, to choose clerks, assessors and collectors. 
This act was in force when the constitution Mas formed ; and 
a practice had'exifeted of levying publick taxes on certain unki- ■ 
corporated plantations. 

The twenty third article of the declaration of rights had 
provided, that no tax ought to be levied, under any pretext 
whatever, without the- consent of the people, or of their repre- 
sentatives in the legislature. The operation of this article 
would control^ not only the method theai existing of levying 
county taxes, by rendering the consent of the legislature neces- 
sary to the assessment ; but would also exempt from the pow- 
er of taxation, by the general court,.all unincorporated planta- 
tions unless some further provision shoukl be made. 

It was therefore thought necessary, either to provide some 
representation in the legislature for the unincorporated planta- 
tions on whom publick taxes had been, or were to be levied ; 
©r to abandon the usage of taxing them. To give them rep- 
re^.«.M)tativesin the house would be inconvenient if practicable. 



>65 



But to admit them to a representative in the senate was a pro- 
vision easy to make, and the right to tax them weuld remain.. 
On this ground the third paragraph was introduced extending 
to two classes of unincorporated plantations. One class com- 
prehends the plantations, who were assessed to the support of 
government by the assessors of adjoining towns. The inhabi- 
tants of these plantations iiaving the necessary qualifications of 
age and estate, were authorized to meet and vote for senators^ 
with the inhabitants of the towns, by whose assessors they were 
assessed. The other class comprehends the plantations who 
were empowered to assess themselves. The inhabitants of these 
plantations duly qualified as to age and estate, were authorised 
to meet and vote for senators within their plantations. And 
for the purpose of receiving, counting, declaring and returning 
the votes, their assessors were substituted in the places both of 
the selectmen and clerks of tow^ns. 

No provision v;as necessary for plantations on whose in- 
habitants publick taxes were not levied. 

We shall now advert to those parts of the constitution,, 
which have a more express relation to the proposed question ; 
and they are contained in the first section of the second chap- 
ter. 

The 3d article declares, that those persons who shall be 
qualified to vote for senators and representatives within the sev- 
eral towns, shall, at a meeting to be called for that purpose^ 
give in their votes for a governour, to the selectmen, who shall 
preside at such meetings ; and the town-clerk,in the presence,^ 
and with the assistance of the selectmen, shall, in open town- 
meeting, sort and count the votes — form a list of the persons 
voted /or, with the number of votes for each person, against- 
his name — make a fliir record of the same in the town books,, 
and a publick declaration thereof in the sam.c meeting ; — and: 
shall, in the presence of the inhabitants, seal up copies of the 
said libt, and transmit the same to the sheriff—or the selectmen 
may cau^e returns of the same to be made to the office of the 
secretary. 

From the language of this article, it very cleary appears to 
us, that no person, although qualified by hisagc and estate, caa. 
legally vote for governour,unle£s he be an inhabitant of some tQwn^ , 



l66 



0rt>f some corporation having all the powers, privileges antl im* 
snuniliesof, and by law deemed to be a town, so far as may re- 
late to the subject of this article. For his vote must be given at a 
I'oiLVi fneeting, (which, from the force of the term, must be an 
assembly of tov<fn-inhabitants) tobccalled for that purpose; and 
to the presiding selectmen — and thelistof votes must be recorded 
by a town-clerk, in the town books, ia open town meeting — ■- 
and a copy of it sealed up in the presence of the inhabitants.- 

'J'he consequence, therefore, is iri-esistible, that the inha- 
bitants of unincorporated plantations, uot being able to assem* 
ble in town meeting — having no sdectmen tf>presid6-^nor town 
clerk to form a li«t of votes — or to record it in opei^i t^wn meet- 
ing — or seal up a copy of it, in the presence of the inhabitants,, 
are not included in the description of the persons qualiiied to 
give in their votes for a govcrnour. 

If there be any part of the constfution which can excite a- 
colour of doubt on the- subject, it must be the section describing 
the qualifications of voting forsenators. In the third paragrapiv 
of that section, the inhabitants of certain unincorporated plan- 
tations are admitted to the privilege of a represe-iUation in the 
senate ; and the reason for that admission has already been 
mentioned. To extend • the privilege farther is without the 
letter of the constitution, ai^l is required, neither by the prin- 
ciples, nor spirit of it, which does not consider a governour as a 
representative of the people i« their legislature. If the conven- 
tion had intended to vest this privilege in the inhabitantsof un- 
incorporated plantations of any description, it was easy to ex- 
press that intention, and to provide for its execution ; for the- 
manner of choosing senators had already been defined. And 
in the election of the first executive magistrate, it is difiicult ta. 
assign a good reason, why plantations, taxed for the support of 
government, should be distinguished from all other plantations, 
"who arc alike interested in that election. 

If it should be supposed, that this mode of reasoning will 
exclude the inhabitants of districts from voting for governour,^ 
because they have not the corporate names of towns, it may be. 
observed, that the argument is not founded merely on the name 
oi' the corporation, but on the nature and extent of its powers,-^, 
jirivileges and immunities, and on the description. of the officsra^- 



l67 
• • • • 

it is, by law, competent to ele(;t. It was formerly the usage ot 
the legislature, to incorporate the inhabitants of particular pla- 
ces, not only by the name of districts, with all the powers, 
privileges and imniumties of towns, except therightof clioosing 
d representative, but also by the names of towns, with the same 
powers, privileges and immunities, and under the same ex- 
ception. From the terms ot the incorporation therefore, it ap- 
pears that districts are towns, with the same officers, but without 
the right of electing a representative, and because the date 
province statute of 1 Geo. 3, c. 2, on this principle,had enacted 
that districts should to all intents and purposes, be considered 
as towns, the privilege and duty of sending.a Representative ex- 
cepted, it was unnecessary in the constitution, to dissinguish 
districts from towns, lor the inhabitants of districts, havin<y 
all the powers, privileges and immunities of towns, and being, 
by law, to be considered as towns, to all intents and purposes^, 
except in the election of a representative ; whatever privilege, 
not within that exception, is vested by the constitution in the 
inhabitants of towns, may be enjoyed. by tbe.inhabitants of dis- 
tricts. 

It is unnecessary to consider, distinctly, the qualifica- 
tions of the voters for a lieutenant-governour ; for by the se- 
cond section of the second chapter of the constitution, that 
officer is to be elected by the same persons and in the same 
manner, as is prescribed for the election of a governonr. 

Without detaining your excellency any longer, we are o- 
bliged, after full deliberations to certify as our opinion — T/mt 
the constitution of thkcominojiiieaUhdvtk not authorize the in- 
habitants of any of the unincorporated plantations in the State f* 
^ixe in their votes for gnvernour and lieutenant-gtvernour.' 

We are with respect your excellency's humble servants, 



(Signed) 



Svston, Jan.3dy 1807, 



THEOP. PARSONS, 
SAMUEL SEWALL, 
GEO. THATCHER, 
ISAAC PARKER, 



1^ 

• • s • 

miLGISLATURE OF MASSACHUSETTS, 

DISSENT 

Ofered in the House of Representatives of the Commontjcealthxf 
Massachusetts^ Jan, 31, ISOf. 



THE constitution being alone the rule whereby the legis- 
lature are authorized to assemble and enact laws for the gov- 
ernment of the citizens, and being established by the people, as 
the fundamental law of the land, it necessarily results, that all 
acts, resolves and votes, of whatever name or nature, made in 
derogation of the letter and spirit of the same, are absolutely 
void, and hav^e no binding etiect or influence whatever. And 
the constitution having explicitly established, that 

No bill or resolve of the senate or house of representatives 
shall become a law, and have force as such, until it shall have 
been laid before the governour for his revisal; and if he, upon 
such revision, approve thereof, h^ shall signify his approbation 
by signing the same : But if he have any objection to the pas- 
sing of such bill or resolve, he shall return the same, together 
with his objections theretoin writing, to the senate or house of 
representatives, in which soever the same shall have originated, 
who s'hall enter the objections sent down by the governour, .at 
laroe on their records, and proceed to reconsider the said bill 
or resolve : ,But if after such re-consideration, two thirds of 
the said senate or house of representatives shall, notwithstand- 
ing tUe said objections, agree to pass the same, it shall, togeth- 
er with the objections, be sent to the other branch of the legis- 
lature, where it shall also be reconsidered, and if approved by 
two thirds of the members present, it shall have the Ibrce of a 
law : But in all such cases, the votes of both houses shall be 
determined by yeas and nays ; and the names of the persons 
voting for, or against, the said bill or resolve, shall be entered 
^a the publick records of the commonwealth. 



'169 

And in order to prevent unnecessary delays, if atiy bill or 
tesolve sliall not be nrurnod by the governour within five days 
•after it shall have been presented, the same shall have the force 
of law. 

Which five days must necessarily be iritended five days in 
Avhirh the legislature are in session ; for otherwise it would be 
requiring an impossibility from the governour ; that h-e should 
return the bill or resolve to the house, where the same origina- 
teil, xchen no such house existed. And by a different construction, 
xiz. that the Jive days must be intended five oakndar days, 
tchether the legislature xvere i?i session or not, the constitutional 
'check could not only be defeated by an imnicdiate adjourn- 
•ment of the legislature after passing a bill or resolve by a mere 
majority ; but, by a continuance of the session until the day 
preceding the last Wednesday of May, m which tbe general 
court must absolutely be dissolved, and passing any bill or re- 
solve on that day, the governour would therereby be deprived 
of the time allowed for revision, and the constitution in this 
respect be altogether rendered inoperative, by the doings of a 
mere majority of the two houses ; and the will of the people 
who formed the constitution, be thus defeated. And upon the 
principle contended for by the majority ,one house alone might 
defeat the governour of his constitutional right of revision in 
this manner, \iz. if a bill having passed both houses should be 
sent to the^overjaour ; who should deliberate upon '\\. four days ^ 
intending to return it on the fifth, with his objections to tha 
** house whore it oiiginated," which house should adjourn on 
\\\Q fourth, for two days, (as by the constitution each house 
tnay, without the concurrence of the other) the bill upon this 
principle would become a law without the signature of the go- 
vernour, or having been passed by two thirds of both houses. 

From these considerations — from the estimation we have 
of the constitution, as being the most essential bond of secu- 
rity and barrier against the lawless power of man> and from the 
obligations of our oaiiis, whereby it becomes a sacred duty to 
guard with our utmost vigilance and power against its in- 
fringement ; and of our indispensable obligation to bear testi- 
mony against any violation thereof; we hereby most solemnly 
uive our dissent and protest against a eertain resolve "or vote of 



170 
• • • • 

the hoy.^e of represenfativcs, which passed by a majority thereof, 
on the 21st, of January instant, in the loUovving words, to- 
wit : — 

*' Whereas it is provided by the constitution of this com- 
monwealih, that if any bill or resolve which shall have passed 
the two branches of the legislature, shall not be returned by 
the governour to that branch in which it originated, within five 
days after it shall have been presented to him for revisal, th« 
same shall have the force of a law : 

*' Resolved, as the sense of this house, that the bill intitled 
" an act in addition to the stxeral. acts regulating elections, as 
likewise a resolve for carrijing into effect the provisions of the a- 
foresaid 6/7/," not having been returned to this house by his ex- 
cellency the governour within tlie time prescribed ty the con- 
stitution, is not regularly before the house ; and that no fur- 
ther order be taken thereon." 

It is asserted in said vote, or resolve, that the bill and re- 
solve mentioned therein were ^' not returned to this house uithin 
the time prescribed by the constitution** when in fact the bill and 
resolve were returned to this house within that time, for they 
were both passed by the two hauses, and prescribed to his ex- 
cellency, on the 24th day of June la-st,and on the same day both 
ir.ouses, pursuant to the constitution, were adjourned to meet 
on the first Wednesday of January instant ; and did assemble 
and meet on that day ; and on the next day his excellency re- 
turned the bill and resolve to this house, with his objections 
, thereto, pursuant to the constitution. 

; [These objections are given in the preceding pages."] 

"Which return was made within three of the days prescri- 
bed by the constitution, being the first three legislative days 
after the bill and reK)lve were presented to his excellency. 
This only rationaJ and proper construction of the constitution, 
ought to be considered at this time as settled and established 
beyond all controversy, for the following reason ; that the con- 
stitution having provided, that " Each branch of the legislature, 
shall have authority to require the opinions of the Justices of the 
supreme Judicial court, upon iivportant questions of law, and upon 
solemn occasions ;" the senate af this commonwealth, on the 



• > • • 

I-l'th of FeLruary, 179U with a suitable decorum and respect 
for the constitution, and for the justices of this high and im- 
portant tribunal (which is established by the people in lik« 
manner as possessing equal authority, supremacy and power, 
in their proper departments as essential to the publick peace, 
security and happiness ; and which must necessarily decide, in 
the last resort, upon all constitutional questions, auid laws made 
in pursuance of the constitution) proposed to the juiitices of 
the supreme judicial court, certain questions relative to a pro- 
per construction of the constitution ; and received the answer 
from said justices, as follows : — 

THE justices of the supreme judicial court in obedience 
to your honour's orders of the 14th of February last, beg leave 
to submit the following opinions in answer to your honour':^ 
quest ionSi 

Firsff Whether a bill or resolve having passed both bran- 
ches of the legislature, and being laid before the governour for 
his approbation, less than live days before the recess of the ge- 
neral court, next preceding the last Wednesday of May, and 
five days before the period when the constitution requires* the 
general court shall be dissolved, but not acted upon by him, 
has by the constitution the force of law ? 

If by recess in this question is meant a recess after a pro- 
rogation or recess after an adjournment, where there is no sub- 
sequent meeting of the same general court on that adjourn- 
ment, we are clearly of opinion that said bill or resolve has not 
the force of law. 

Secondly/, Whether a bill or resolve having passed both 
branches of the legislature, and being laid before the gover- 
nour for his approbation, less than five days before any recess 
of the general court, other thaiv.such as is stated in the preced- 
ing question, and not acted upon by him, has.the force of law ? 

If by the term recess, in the second, is intended a recess 
upon an adjournment, and such bill or resolve lays more than 
five days before the governour for his appioUaicn, including 
the days of the courts^ sitting before the adjournment, and so 
many days of the courts' sitting upon the adjournment, as will 
make up the full term of tive days without the governour's re- 
turning the same, with his reasons for not approving it, we con- 
ceive sucii bill or resolve has the force of law ; for all the 



• • • • 

days of the-coiirts* sitting, are but one session although an ad-- 
journmciit intervenes. When a prorogation takes place the 
sessioii is ended, and a bill or resolve after (he session is ended,^ 
cannot acquire the force of law. All which js humbly sub- 
^< it ted. 

NATHANIEL PEA^LEE SARGEANT, 
KRANCIS DANA, 
llOBERTT. PAINE, 
INCREASE SUMNER, 
N. CUSlilNG. 

ffonourahle President of ihe Senate of the commonwealth ofh 

Massachusetts. 

Boston, Maj/ g, 1791. 

Here the question appears to Kavc beert deliberately set- 
tled by the highest authorityj, that the Jixe days wcw five day&.. 
■ifhen the Icgidatitre should be in session. And it may with pro- 
priety be observed, that this transaction was at a time, wheiV; 
3|o political dissention or party animosity existed in. our coun- 
try ; but the minds of men were solely directed to the inquiry 
^fter truth. And the character of those who gave this opinion. 
QUght to inspire the fullest confidence — ^iheir names are enti- 
J^led to veneration. And if the question had been previously 
doubtful, how can candour and honesty sutler it any longer to 
remain so ? The original of this opinion was in the course of 
the debate upon the expediency of passing the resolve or vote 
Bnder consideration, produced and read to this house by a 
member. 

The opinion thus given m lYQl, wa^, at that time appro- 
ved by the senate, as the true and proper construction of the- 
constitution ; and we conceive from a due respect to thes^ 
^igh authorities, ought not a^aia to be <hawi> in question. l)c^ 
«ent rc?pcct for the people, from whom all power emanates ; a 
regard to publick tranquillity, and a desire to prevent strife 
and animosity, we humbly conceive ought to actuate a wise le- 
gislature ; and a constitutional question so deliberately settled, 
ought never to be made the subject of contention. It there- 
:foj-« . became the constitutional duty of the house, instead of 



175 

passing the resolve or vote, to have proceeded as the constitu- 
tion directs to reconsider the said bill and resolve : — And not 
having so proceeded, but having by implication in their vote or 
resolve said, that the bill and resolve have the force of law, the 
same will prove a stumbling block to the people of this com- 
inonweallh, and serve to mislead,, and occasion much confu- 
sion and contention, which, especially in the present juncture, 
is much to be regretted. — The constitutional question of the 
bill and resolve were thus evaded, which upon every valuable 
consideration, ought to have been explicitly decided. 

We profess to have a respectful regard for all constitu- 
tional acts and laws of the legislature ; but having a superior' 
and indispensable obligation upon us — the constitution, and the 
oath of God truly to execute our offices as members of this 
house conformably thereto : — We do therefore solemnly enter 
our dissent and protest : — And appealing to the All-Searcher 
of hearts for the correctness of our motives : we do aver that 
said bill and resolve have not, neither can have, the force of 
law : Because that not only the principle attempted, as set 
forth in his excellency's message, is in itself unwarranted by the 
constitution ; but is in contravention thereof; and even if the 
legislature had the authority to enact the same, it has not been 
dome, as they were not parsed pursuant to the constitution. 

William Phillips, Edward St, Loe Livermore, Jabez Up- 
ha^n, Jonathan Osgood, Daniel Graves, John Callender, Peter 
Bryant, Nathaniel Chandlei-, Otis Little, Laban Wheaton, 
Isaac Clark, Ammi R. JNlitchell, Eliakim Phelps, Richard 
Sears, Eleazer Bradshaw, Timothy Page, Moses Wright, Ihad- 
deus Ciap, Thomas Davis, William Dj-ury, Nathaiiiel Fair- 
banks, Timothy Packard,. Apolios Tobey, Samuel Moody, 
Thomas Perley, . Benjamin Adams, jun. John Sewall, James 
Keyes, William Gregg, James Rogers, Elihu Hayt, Joshua 
Green, Samuel Porter, Ebenezer Rice, Jonas Kendall, Adam 
Pa<:kard, Josiah Stone, Charles Davis, Abijah Powers, James 
Humphreys, William Whitney, Benjamin Parsons, William 
Stfllivan, Benjamin Whitman, Ethan Ely, John Wilson, Jacob 
Bliss, Samuel Redington, William Dodds, Oliver Piimton, 
Aaron Marsh, James Longley, Stephen P. Gardner, David 
P2 



174 

Payson, Jonathan Gage^ Andrew Frothingham, John Pearson,;, 
Nathaniel Hammonjl, Daniel Stickney, Ebenezer Slocker, \ 
Edward Little, Nathaniel Wade, Benjamin Hasey, Josiah 
Little, Aiden Spooner, Luther Farrar, Jthamar Ward, Ed- 
ward Tuckerman, Barnabas, IMaynard, Ephraim Spooner^ 
Jslatthew Cobb, William Brown, William Jenks, Jonas Whit- 
iicy, Isaac Gregory, David Smith, Abner Brown, Thomas 
Banforth, Stephen Codman, Nathaniel Hall, Levi Stearns, John 
Bannister, Timothy Jackson, Cyms Slowcll, Zenas Wheeler, 
Jared Bradley, James Woods, David Boies, Bryce MT.ellan,- 
John Slack, Stephen Howard, William Bowdoin, Redford Web- 
ster, Thomas W. Sumner, Benjamin During, Enoch Sawyer, 
Timothy Bigelow, James Lloyd,, jun. John T. Apthorp, Benja- 
min Russell, Mark Fitz, Jonathan Wilder, John Stone, Enos 
Pomroy, Ephraim Williams, Joseph Locke, Benjamin Beale, . 
Seth Spooner, Stephen Pyncheon, Thomas Earned, Joseph 
Thomas, Is.rael Allen, Isaac Abercrombie, Samuel F. Dicken- 
son, W'illiam Smith, Benjamin Goddard, Thomas Lothrop, 
David Wainwright, Silas Kellogg, Thomas K. Jones, Jonathan 
Hunnewell, F.Wright, Thomas Perkins, John Welles, John 
Winslt»\Tj Samuel Parkraan,, Daniel Sargent, 



75 



DISSENT, 

Offered in the House of Representatives of the Commontjcealth of' 
Massachusetts, Feb. 27, 1807. 



A RESOLVE having been passed by this honourable- 
house on the petition of Josepli Loring, jun. accompanied by 
t-he reasons whereon the same is founded, and which resolve 
and reasons were in the following words : — 

Commonwealth of Massachusetts* 

THE committee of both houses appointed to consider the 
the petition of Joseph Loring, jun. having attended that ser- 
vice, beg leave to report : — 

That the said Loring states several articles of complaint — 

1st. An order of the commander in chief , dated June lOth, 
1805, ivherehy he has been degraded in his rank. 

2d. That he has been tried for mutiny , a crime not knoun 
in the militia law, and although honorably acquitted, has-been a 
long time held in arrest. 

3d. — That he and his company have been transferred a- 
gainst their consent^ and that their rights of election have been 
violated. 

4th, — That he has been a second time arrested and tried, 
and has been sentenced to be removed, and disqualified frora 
militar}- office for three years, by a aourt martial not regularly 
detailed, audi by this means deprived of a fair end impartial 
trial. 

These several articles of complaint appear to be well sup- 
ported, but the order mentioned in the first article having occa- 
sioned the whole difficulty, has more particularly attracted the 
attention of the committee. 

In pursuance of general orders of July 7th, 1803, a volun- 
teer company of infantry was raised at large in the town of 
Boston, and the said Loring received a commission as captain 
<ki said company, dated August 15th,^1803; by virtue of their 



176 
• • • « 

election: — Prior to this time, viz. on the 6th April, 1803, 
Charles Davis received a commission as captain of one of the 
ward companies of militia, ami afterwards relinquished his said 
commission, and received another commission as captain of the 
Boston light infantry company, dated June 7th, 1804,> by vir- 
tue of their electkm. ki consequence of his acceptance of this 
last commission he was placed on duty in a situation below said 
captain Loring ; but said captain Davis still asserting his ranky 
th« commandei: in chief, with the advice of council, issued the 
said order of -the 20th June, in the words and figures follow-^ 
ing : . ■ 

Commonxvealth of Massadtusetts. 

" General Orders.— Heml-(^arterSy June ^Oihy 1805a~ 
" THE commander in chief being authorized to complete 
th^e organization of the legionary brigade in Boston, in the first, 
division of the militia, orders, That the sub-legion of light in- 
fantry hereafter consist of the aftermentioned light companies, 
raised at large in Boston, viz : The company commanded by 
captain John Brazer ; the company commanded by captain 
Charles Davis ; the company commanded by captain Daniel 
Messinger ; and the company commanded by captain Joseph 
Loring, jun. The said captain Davis to receive a new com- 
mission as captain of light infantry, and to take rank from the 
date of his former commission as captain in the legionary in-* 
fantry ;— captain Messinger will also receive a new commis- 
sion as. captain of lighi infantry, and to take rank from the 
date of his commission in the legionary infantry ; — and cap- 
tain Loring will also receive a new ccnnmisson as captain of 
light infantry,andto take rank from the date of his present com- 
mission ; and the major general will issue his orders agreeably 
to law for the election of a major to command said sub legioB 
of light infantry. 

*' By order of the commander in chief. 

" William Donnison, Adj. Gen/' 

This order involves several important principles. It in- 
volves the right of transferring officers- from one company to a- 
aotber a of giving them raiik, not derived from the date of their 



177 

commissions, nor from flic election of the companies vliom tBey 
may command — and also the right of a commander in chiefs 
to take Rway the commissions of officers without their consent^ 
and in a manner not heretofore known; — 

These several positions, although they may, in some de- 
gree, be applicable to an army where the right of election does- 
not exist, appear to your committee wholly inadmiseible under 
the existing militia system of the United States, because this- 
system confirms ihe right of election in the militia of this State, 
as guaranteed by the constitution thereof, chapter Cist, section 
1st, article lOtii. — "The captains and subalterns of the militia 
shall be elected by the written votes of t^he train band and a- 
]arm list ot the respective companies, and such officers, so e- 
Iccted, shall be commissioned by the governour, who shall de- 
termine their rank ;" and because our constitution says, " And 
no officer duly commissioned to command in the militia shall 
be removed from his office but by the address of both houses to 
the governour, or by fair trial by court martial, pursuant to 
the laws of the commonwealth for the time being," 

It may perhaps appear superfluous for us to remark, that- 
the constitution of the United States, and all laws made in 
pursuance thereof, are the supreme law of the land, any thing 
in the constitution or laws of any State to the contrary not-^ 
withstanding ; or that the power of organizing, arming and dis- 
ciplining the militia is vested in congress. 

The government of tne United States have enacted, tha^ 
all officers in the militia shall take rank from the date of their 
respective commissions, except where several commissions are 
of equal date, in which case they shall be determiiied by lot. 
If any discretion has ever been denied to the commander in 
chief to determine rank in a case like the present, it is wholW 
extinct under the existing militia law. of the United States. — 
This law is clear and explicit, and every person legally rlt^cied 
an officer in the militia has a right to his commission bv virtue 
of such election, and to his rank according to the date of his 
commission, and not according to the datp of any conimissioij^ 
lie may once have held. 

From a fall view of the case your comiriittee are of opin- 
ion, that the bqfore recited order of. the 20th June, 1805, is-. 



178 

»•■• • • 
not warranted b}'' the constitution of the United States, or of 
this commonwealth, • or any laws made in pursuance thereof ; 
and that the said Joseph Loring, jun, is entitled to redress as far 
as may be in the power of the legislature. 

>Ve therefore oifer the following resolve which is sub- 
nwtted, *ELIJAH BllIGIlAM, Per. Order. 



Commonwealih of Massachusetts, 

WHEREAS it appears that Joseph Loring, jun. a cap- 
tain in the militia of the town of Boston, has been tried by a. 
court-martial, and sentenced to be removed from his said of- 
fice, and to be disqualified from holding any office in the mi- 
litia for the term of three years ; and whereas it appears, that 
some of the proceedings relative to said court-martial were ir-- 
regular, and operated to the injury of the said captain Loring, 
who on that account has petitioned (his court for redress. — • 
Therefore, Resolved^ that so much of the sentence of the said 
court-martial, as relates to the disqualification of the said Jo- 
seph Loring, jun. to hold any office in the militia for the term 
of three years, be and the same hereby is wholly reversed and 
remitted ,. provided, however, tliat this resolve shall not be con- 
strued to imply the assent of this court to the legality, of the 
proceedings of said court-martial ; and provided also, that it 
shall not be so construed, as to impede the said Loring in pur- 
suing any legal measures for the further redress of the wrongs 
of which he complains. 

Li Senate, Feb. ^0, 1807 — Read and passed — sent down 
for concurrence. 

JOHN BACON, Pres't. 

In the House of Representatives — Read and concurred. 
PEREZ MORTON, Speaker. 

* Bj/ the eliguette of the senate 'the senior senator is al- 
ways chairman of joint conmiit tees. — The committee which re- 
ported the above consisted of the honourable Mr. Brigham and 
Hill of the senate ; and Messrs. Jacksony Kinsley and Moody of 
the house. Messrs. Brigham and Jackson were ojyposcd to the ■ 
report, though the former^ as chairman signtd it.. 



179 

• • « • 

WE ask leave to express OUR DISSENT therefrom, and 
Ho be allowed to enter OUR PROTEST. 

We entertain the most respectful regard, and submissive 
obedience, to the lawful and constitutional proceedings of 
this honourable house ; but feeling an absolute conviction, 
that in the acceptance of said re))ort, and in the passing of said 
resolve, the House have exercised power exclusively appertain- 
ing to the executive department of the government-;— that they 
have exercised judicial power, which they are expressly for- 
bidden to do, by the thirtieth article in the declaration of 
rights ; — that the said report and resolve not only affect the 
character of individuals, contrary to a rule of this house, and 
■contrary to constitutional provisions, but are net founded in a 
knowledge of the facts to which they relate; — and that thej 
must tend to unsettle and render disputable the regulations, 
which have hitherto happily governed the militia of this 
State; — and also feeling a conviction that republican govern- 
ments must depend, for their military force, in the soldierly spi- 
rit of their citizens : — We deem it our solemn duty, as well as 
to our constituents as to ourselves, to offer our tlissent to said 
resolve, and to the statement whereon it is founded : — We dis- 
sent from the declaration contained in ^aid statement and a- 
dopted by the House, viz. That the before recited order of the 
20th June, 1805, is not warranted by the conststution of the 
United States, or of this commonwealth.,or any laws made in pur- 
suance thereof : And we do protest against the said declaration 
for these reasons : That by the 7th article, sec. 1, chap. 2d, of 
the constitution of this State, The governour is intrusted with 
all the powers incident to the offices of captain general, and 
commander in chief, to be exercised agreeably to the rules and 
regulations of the constitution and the laws of the land ; — and 
l)y the lOlh article of the same section, officers shall be com- 
missioned by the governour, who shall determine their rank ; — • 
That by the constitution of the United States, congress have 
power to provide for organizing, arming, and diciplining the 
militia, and for governing such part of them as may be employ- 
ed in the service of the United States, reserving to the States 
respectively, the appointment of the officers, and the authority 
of training the militia : — That by the reservation to the States 
jof the appointment of ofiicers, and tlie necessarily implied re- 



I8?0 

servation of tlic government of the militia> when not in the ser* 
vice of the United States, the provisions of our state constitu* 
tion are recognizetl; and the powers and authority vested there- 
Ly in the governour continue to be v€sted in hira^ and remain 
unimpaired ; and all the laws made in conformity to the State 
constitution, are binding and obligatory : — That on the twen*- 
ty-ninth day of June,1798, a resolve was passed by the legisla- 
ture of this State, whereby the governour Was authorized to 
form the militia in the towns of Boston and Chelsea into a legion- 
a^-y brigade,in such manner as he should judge most expedient-. 
That on the 14th of March, 1805, his excellency laid be- 
fore the council lepresentations irom th« adjutant general and 
major general Elliot, relative to the rank of certain officers of 
light infiintry companies. The council advised, as their opin- 
ion, that an ofiicer, transferred from one corps to another, in 
the same rank, should retain the seniority of rank which he 
held prior to th« transfer : — That on th« i4.th June, 1805, the 
committee of council, to whom was referred the communica- 
tions of major general Elliot and the adjutant general, on the 
subject of organizing the sublegion o-f light infantry of the le- 
gionary brigade of the town of Boston, imported, as their opin^ 
ion, that his excellency should direct the adjutant general to 
issue the order which was issued on the 1:0th day of said 
nioHth of June, and which is mentioned and set forth in the said 
report to this honourable house* By this order it is apparent 
that no injury was done to either of said officers, and that said 
order was conformable to the uniform practice since the adop- 
tion of the present constitution j and by this arrangement they 
held the same relative rank to each other which they did hold 
previously to the organization of the said sublegion of light in- 
fantry. He who was the oldest captain, continued to be the 
oWest, and he who was the youngest continued to be the 
youngest : — That the governour, in order to organize the said 
sublegion of light infantry, issued the said order of the 20th 
of June, and thereby settled the rank of those who were to have 
command therein ; — that the said Mcssinger, and said Davis, 
-neither of whom had ever resigned, or relinquished the cap- 
tain's commission by them respectively held in the legionary 
infantry, were ordered \o take rank from the dates of those 
commissions ; and the said Loring was ordered to tai^e rank 



1^£ 

'from the (late of his commission in said infantry, and Which 
Was the first commission which he had ever held. 

That by the S^th sec. of the militia law, parsed June 22d. 
i793, all officers are to take rank according to the dates of 
their commissions, and that when two of the same grade bear 
-equal date, and former pretensions of some commission do not 
decide, their rank siiall be determined by lot: — I'liatithas 
been the constant usage and practice of the swccessive govern- 
ours of this commonwealth to is^ue commissions to officers in 
the militia, containing retrospective clauses, and authoriiiing 
such officers to take rank from periods preceding the dates of 
their respective commissions, whenever, in the opinion of the 
governour, for the time being, any officer might be so entitled ; 
and that this fact of usage is certiiied by the adjutant-genera)-, 
whose ceriilicate to that point was produced and read by a 
member in the debate : — That nothing can be opposed to this 
weight of authority, and uniform practice, excepting the 8tK 
sec. or the law of congress passed the 8th of iMay, 1792, and 
before refen-ed to — that all commissioiu?d officers shall take 
rank according to the date of their commissions. The con- 
struction of this section as contained in the report, is perfectly 
new, and cannot be carried into practice. — The said petition 
must mean that officers shall take rank, not merely by tiie na- 
ked date of the commission in virtue of which they command, 
but according to the whole tenor of their -commissions ; and 
that the word claie^ as applied to commissions, is a technical 
■expression,-dMd understood among military men to relate to such 
tenor ; and if this latter construction be not true, the section is 
not conformable to the constitution of the United States, nor of 
this State, and hath no landing force. 

That rank niixav has been, and ought not to be, determined ex- 
clusively by the date of commissions, because it would have a 
powerful and injurious effect on the right of election, and 
would leav^e the rank of officers dependent on accident. It 
would follow that an officer, who may have lost his commis- 
sion, even on the held of battle, and in the service of his -coun- 
try, must receive a ncAv commission, by the mere date of 
which, he must gi^^e rank to men, whom he may have com- 
manded for years, and who may be his inferiours in age, in 
talents, and in service. 

Q 



182 

For tliese reasons we do conceive and declare, that the 
order of the 20th June, 1805, was lawfully and properly issu- 
ed, conformably to the usage in this commonwealth, and 
ought to have been obeyed by the said Joseph Loring, jun. 

But we do furthcrdi:clare,that whether the said order whs or 
was not legally and propcily issued, is aquestion which this hon- 
ourable house have no power to decide, and concerning which 
it cannot pass any constitutional act or resolve whatsoever, 
inasmuch as the same is exclusively within the department of- 
the executive. 

We do further protest against the acceptance of the said 
report, and the passing of the said res(dve, because this hon- 
ourable house have no coTiititntional right or authority to reverse 
or revise the proceedings of courts martial, 'i'hat such courts 
are solemn judicial tribunals, having power over interest far 
dearer than property, and in time of war, having power over 
life. That such courts cannot be amenable to the legislature, 
nor in any wise answerabie thereto, nor, can this honourable 
house institute any inquiry into the regularity of their pro- 
ceedings : — That if this hous'e had the power of inquiry, no 
evidence whatever has been here exhibited or stated tending to 
ihow wherein the irregularity complained of existed, nor why 
the trial of the said J<;seph Loiing, jun. was not fair and im- 
partial ; nor have the committee who made the said report, 
nor this honourable house examined the record of said tiiai : — 
I That it wotild have the most dangerous tendency to admit that 
the legislature may reverse the proceedings of courts mar- 
tial, and of the most alarming tendency if such reversal may 
be had and made without notice to the military ofiicers by 
whom the court may have been detailed, or to those by whom 
it may have been constituted ; and more especially if such re- 
versal should have no other basis than the representation of tlie 
man who is seeking to remove the burthen of his sentence. 

And we dofurtl.cr protest against the acceptance of thesaid 
report and the passing of the said resolve, because officers consti- 
tuting and composing courts martial are not r«'sponsibie to the 
general court for their conduct, but are amenable to the su- 
preme judicial couit of the State, and are liable to punish- 
ment for unlawful proceedings, as is apparent horn the 35th 
section of the militia law, made and passed June, 17P3; ia 



183 
• • • • 

'A»Hich it is expressly set forth, in the solemn oath tlierein re- 
quired to be administered to the officers co^lpo'^ing a court 
martial, that the opinion of no individual member of such 
court, shall be disclosed, cnT/vt in a covrt of justice^ in a due 
courae of' laio — from which it irresistibly follows, that an in- 
vestigation of the conduct of officers on a court martial is ex- 
clusively contiiicd to, and can only be obtained by, the judicial- 
tribunals of our country : — And because we do believe that 
the said report and resolve tend to implicate the characters of 
men, who sustain distinguished military commissions, and in 
whose reputation thepublick are deeply interested ; that if any 
misconduct could be imputed to them, they could not appear 
in the legislature in vindication of their honour unless constitu- 
tionally criminated : — That every citizen of the commonwealth 
is entitled to protection as to his fame and character ; and be- 
cause, by the rule of this house, no act or resolve can be pas- 
sed affecting character without first giving notice to the party 
interested. 

And we do further solemnly protest against the principle 
set forth in the report of the committee, and accepted by the 
honourable house, " That mutiny is a crime not known in the mi- 
litia law." We are convinced, that the adoption of this princi- 
ple must destroy the foundation on which our military estab- 
lishihents and institutions are placed. We do sincerely depre- 
cate the pomulgation of this opinion, Vi-hich, having been ac- 
cepted by the house, must have the same effect as though a 
declaratory act had been passed, setting forth, that officers in 
the militia may, at their pleasure, combine and co/j.«n/rf toge- 
ther to violate orders and resist the lawful authority of their 
superiours in command with impunity. 

By tke thirty-sixth section of the militia law of this 
commonwealth, it is enacted, that every officer, holding a com- 
mission in the militia, who shall be accused of any ^uunilitary 
conduct, neglect of du^y, or disobedience of orders-, shall be lia- 
ble to be tried by a court martial, and if fouiul guilty, senten- 
ced by said court to be reprimanded in ordt^i\«, or to be reiao- 
ved from office. Mutiny is the aggregate of all those military 
offences,, and if he, who is guilty oi part be punishable, most 
clearly he who is guilty of the whole, cannot be considered in- 
nocent and without crime, \Vhen an officer engages in a mu- 



tiny, his con/ii/cf must necessarily be nnmilUary ; h\% duty 7s* 
neglected^ and orders are disobeyed. And it has always been-, 
considered, that as mutiny is a crime, which must be shared 
£iud joined in by nun, hers in order to constitute the offence ; it 
is of all other military crimes the most dangerous-, as it strikes 
ilirectly at the foundation of al) military subordination, and by 
necessary consequence to the destruction of the State.. 

We cannot, with a proper regard to our duty as represen* 
tivesof tiie people, omit to observe the contradiction in which the 
acceptance of the said report i-nvolvcs the publick records of 
the country. The report declares that captain Loring has been 
tried for mutiny^ when if a recurrence to the record of his tri- 
als is had, it will appear, that he luis not tncd for that ijccific 
f/fence. 

For these reasons, and because we conscientiously believe 
that such proceeding ought not to have been had, that they 
may not be holden as a precedent, we enter our DISSEN T 
therefrom, and do soknmly protest against the same. 

William Sullivan, John Callender, Samuel Thatcher, Tim- 
<9lhy Jackson, John T. Apthrop, "Ed. St. Loe Liverraore, James 
Lloyd, jun. Charles iJavis, Benjamin Russell, William Smith,. 
Daniel Sargent, Thomas Danforth, Jonathan Dwight, jun. Ja- 
bez Upham., Redford Webster, Thomas W. Sumner, John Wil- 
son, Eliakim PheJpa, Benjamin Beale, Benjamin Whitman, 
Thomas K. Jones, George Bradbury, Joseph Titcomb, Benja- 
?iiin Parsons, Ebcnezer Bradshaw, David Smith, Gideon Fos-. 
ter, Samuel Page, Edward Tuckerman, Thomas II. Perkins, 
Josiah Little, Timothy Bigelow, Samuel Moody, Benjamin 
Goddard, Benjamin Ilasey, William Phillips, Daniel Graves, 
Nathan Felton, Jonathan IJunnewell, John Pearson, Jared 
Bradlee, David Howe, !?amuel Webster, John \Vclles, Stephen 
Howard, John Slack, Ebenezer Stockcr, Joseph Thomas, David 
Payson, James Keyes, Josiah Chute, James Longley, Asahcl 
l?omeroy, Jonah Howe, John VVii:>t;low, Francis Wright, Elihu 
Iloyt, Joseph Story, John Storer, Thomas (^age, jun. Ezra 
"Wood, jun. Perez Waterman, '1 horn as Davis, Joel Read, Si- 
mon Elliotj Sumuel Parkman, Stepheii Codman, Thomas.. 
PerkJiis, 



WB 



The resolve of the joint committee annexed to their re*^ 
port, as given in the body of the preceding dissent, having pas- 
sed both branches of the legisUiture, was sent to tlie governour 
for his approbation : But he returned it (with the report) to 
the senate, in which it originated, with the following 

OBJECTIONS :— 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives , 

A RESOLVE was yesterday laid before me, which had 
passed both houses, to revei'se a part of the sentence of a court- 
martial, against Joseph Loring, jun. After examining the re- 
solve, and the annexed report of the joint committee, in which 
the grounds for passing it are detailed, I think it my duty tp 
withhold my approbation of it, for the following reasons : 

1st. Because the pieamble of the said resolve, and the re- 
port of the committee which accompanies it, and of which the 
resolve is a part, contain censures on divers persons, which, so 
far as I know, are wholly unfounded. 

The preamble recites, that Joseph Loring, jun. a captain 
in the militia of the town of Boston, has been tried by a court- 
martial, and sentenced to be removed from his ss'id office, and 
disqualified from holding any office in the milhia for three 
years. — That some of the proceedings relating to tliesaid court- 
martial, were irregular, and operated to the injury of the said 
Loring. — And the report aforesaid of the joint com.mittee, a- 
mong other things states, that by an order of the commander 
in chief, with the advice of council, the said Loring has been 
degraded from his rank ; — that the order has occasioned the 
whole difficulty, and is not warranted by the constitution or 
law. It further states, that the sard Loring has been tric-d for 
mutiny, a crime not known in the militia laws ; — that the rights 
of election have been invaded, and that he was tried by a court- 
martial not regularly detailed, and by this means was deprived 
of-a fair and impartial trial. The two houses having accepted 
the above report, have made it a part of the record, 
Q2 - 



1S6 

In the beginning of March, 1805, I laid before tiie then 
ifeouncil, representations from the adjutant-general and major- 
general Elliot, relative to the rank of certain officers of light- 
anfantry companies ; and on the 14th of the same month, the 
council unanimously advised as their opinion, " That an officer 
transferred from one corps to another in the same rank^ should 
xetain the seniority of rank which he held prior to the trans- 
fer.'^ This opinion vvas thought to be the true construction of 
the law, and conformable to the constant military usage, and 
the advice was accepted accordingly. 

Afterwards, in iNiayorJ'une, 1805, upon a representation 
from the adjutant-general, proposing that the organization of 
jhe legionary brigade should be completed, and suggesting that 
there was some uneasiness in consequence of the above decision, 
and in particuUir that a capt. Loring (who was a stranger to 
me, and probably to each of the counsellors) was dissatisfied 
ivith the rank which it assigned him. A new council having 
been chosen, I again requested the advice of council on the a- 
bove subjects. A committee was appointed. to revise the opin- 
ion of the former council, and to hear whatever could be al- 
ledged against it. That committee reported, and in conformi- 
ty to their report, .the council on the l-ith of June, 1805, unan- 
imously advised me to-issue the general order of the 20th of 
June, which is censured and condemned in the report of the 
said joint cornmittee. The above order was supposed to be 
justiiied by thQ resolve establishing the legion, and by the au- 
thority given by the constitution and law, to the governour 
and coun«dl, to regulate the militia. 

If it is expected that by approving this resolve I should 
criminate myself, I have certainly no right to censure the mem- 
bers of the councils for the- two last years. I believe it was 
the opinion of the publick in general, that several members of 
council in each of those years ,^ were as competent to decide the 
point above mentioned,, as any persons in the State : And to 
the memory of one of them, the house of representatives hai^ 
lately paid a grateful tribute of respect and veneration. . 

Nor have 1 any authority by approving this resolre to 
join in censuring the officers of the first division of the nV^ia, 
and the members of the court-martial. I am wholly uli^c- 
«imaiuted with the particular circumstances of their conduct^ 

• \ 



• * • • 

and the proceedings of those courts. If they or any other ofis-- 
cers of government have violated their duty, the constitution 
has provided effectual methods to punish them." But I do not 
conceive that a resolve of the legislature is one of those meth- 
ods ; and if it is, still they \\ould be entitled, by the bill of 
rights, to be hearcfin their defence. 

2d. Because the two provisos at the end of the resolve-, 
seem to be of no use for the purposes expressed. But perhaps 
the first may be thought to imply a strong sense ol the wrongs 
Avhich Mr. Lori-ng is supposed to have suffered ; and the last 
may be construed as a legislative opinion that those wrongs are 
actiona,ble. . 

3d; Because I am apprehensive that if this resolve is pass- 
ed, it will occasion great disorder and disorganization in the 
militia of this State. U))on the militia we principally rely for 
publick security and defence ; we ought therefore to pay some 
respect to the honour and feeling of those men who sacrifice 
their private interest to support it. If we unnecessarily wound 
their reputations, we give just offence to every military man, 
and lessen the>security which our country derives from a well- 
regulated militia. Should the State hereafter be divided into 
political parties, who will undertake a military office if he is 
liable to legislative chastisement, without having an opportu- 
nity to be heard ? Besides a contentious man might be tempted 
to disobey and insult his superiour officei"^, by the hope, that 
though punished for his offence in due course of law, he would 
be able afterwards to induce a majority in the legislature to 
reverse the sentence against himseltV and subject to lasting re- 
proach those officers, whose duty had compelled them to be 
the instruments ot his punishment, . 

4th. Because when an error is supposed to have taken 
place in the proceedings and judgment of a court, I think the. 
legislature have never thought it just to afford even the reme- 
dy of a new trial upon an ex-parte hearing of the case without 
notice to the other party. But to reverse the judgment and 
condemn the proceedings of a court as irregular and injurious, 
upon such a hearing, is an exercise of legislative power, of 
which I believe there is no example in this or any other free 
country. 



1S8 

5th, Because there is clanger that if this resolve becomes a 
law, it will be made use of hereafter as a precedent, for con- 
troling or annulling by legislative resolves the constitutional 
proceedings of the executive ; and for condemning at the plea- 
sure of the legislature ihe proceedings of any of the courts 
which are established by law. The constitution declares, that 
the legislative department shall never exercise th« executive 
and judicial powers, or either of them. This is a fundamental 
principle of the government, and if it is subverted, the consti- 
tution itself, and the liberty and safety of the people, are at an 
end. 

6th. Because it appears to me, that the censures contain- 
ed in this resolve and the report annexed to it, have a tendency 
to diminish that mutual civility and respect in the several 
branches of government, which the rules of decorum enjoin, 
and which the publick interest and the reputation of the State 
render necessary. Indeed 1 can hardly conceive that the le- 
gislature would have thus censured the executives of the two 
last years, and the officeis of the first division of the militia and 
of the courts martial, if the hurry which attends the closing 
part of a sjession, had not prevented that deliberate and cooi 
reflection which the delicacy and importance of the subject re- 
quired. ,- 

The committee, I am convinced, have made divers mis- 
lakes, both as to facts and inferences, which 1 have not time to 
enumerate. I now transmit the said resolve, together with the 
foregoing objections, to the senate,, where it originated, for the 
consideration of the legislature-. 

leb, 26, 1807. CALEB STRONG. 



r-8^ 



XEGISLATURE OF MASSACHUSETTS, 



SENATE, June 5, I8O6. 

THIS day, the committee of both houses appointed to ex- 
amine the returns e-f the votes from the several towns, districts,., 
and plantations in this commonwealth, fur governour and lieu- 
tenant-goveraour, reported. — -Let it be remembered, that thi« 
Committee was thus composed : — 

SENATORS. 

Hon. ENOCH TITCOiMB, (Federal \) 
AARON HILL, (Deynoa'citlc \) 
SAMUEL DANA, CDemocratic, 2J 

REPRESENTATIVES. 

Mr. EZEKIEL BACON, (Democratic SJ 
STEPHEN CODMAN, (Federal 2J 
JOSEPH STORY, (Democratic 4J 

and JOSHUA DANFORTH, (Democratic 5) 

And that contrary to all former rule, this committee consisted, 
©f five of one party of the legislature, and only two of the other,. 
The following is the report oi this committee :— 

REPORT, 

That they have carefully examined all the returns of votes 
from the several towns, districts, and plantations in this com-, 
monwealth, after revising and correctinga schedule herewith re- 
ported,entitled, "votes for governour and lieut.governour,27th e- 
iection, I8O6," they find tfie whole number of votes contained 
therein for governour to be seventy-five thousand two hundred 
and seventeen ; and the whole number of vote^ for lieut. gover- 
nour to be seventy-three thousand five hundred and nineteen. 

Your comiiiittee report, that a nunaber of said retur^is ap- 



• • • • 

pear to have been altered, either in the words or figures whicli? 
give the number of votes, set against the name of each person — 
Nevertheless there is no reason to believe that said returns have 
been fraudently altered ; and they report, as their opinion, that 
they ought to remain on said schedule. 

And your committee further repoit, that there is a return 
from thetov/n of Sturbridge, in the county of Worcester ; and 
a return from the town of Provincetown, in the county ofBarn- 
stable ; and a return from the town of Amesbury, in the coun- 
ty of Essex ; and returns from tiie towns of Pittstown, JNew- 
Sharon, Rome, Athens, and liaruKmy, in the county of Kcn- 
iie*beck ; and a return from Ellsworth, in the county of Han- 
cock ; and a return from Addison, in the county of Washing- 
ton ; and a return from Brookline in the county of Norfolk ; 
and a return from Edgartown, in the county of Duke's- Coun- 
ty ; which do not appear to be signed by ajiy town-clerk. 

And your committee report, That said lists, so returned, 
as aforesaid, areinsuffiaent, and ought to be deducted from said 
schedule. 

And your committee further report. That in the town of 
Isleboro^ in the county of Hancock, there were given twelve 
votes for Caleb Stoon, as Governour : 

And that in the plantation of Davistown, in the county of 
Hancock, there were given thirty votes for Caleb Srong, as 
governour. As by the said lists may more fully appear ; which 
rotes were upon said schedule, set against the name of his e». 
cellency Caleb Strong ; which ought to be taken from that 
column, and placed in two separate columns, so as to be count- 
ed with the scattering votes. 

And that in the town ofLynn,in the county of Essex,,there 
were given three hundred and fifty-seven votes, for James Sul- 
van, as governour. 

And that irv,the town of Otisfield, in the county of Cum- 
berland, there were given twenty seven votes for James Sullan, 
as governour, as by the said lists may more fully appear. 

Which votes were set against the name of the Hon. James 
Sullivan, escj. ; both v/hich numbers ought .to be taken from 
his column and ])}aced in separate columns, and counted with 
other scattering votes. 

That in the return of votes from the town of Belfast; in . 



• • • • 

the county of Hancock, it is certitied,t]iat there were Tmir votes 
given for governour, as "scattering," and four votes for lieut, 
governour as scattering" which are not entered on said sched- 
ule, but which ought to be entered in a separate column, under 
the title of" scattering ;" and that in the return of votes from 
the town of Plympton, in the county of Plymouth, it is certi- 
fied that there were three votes given for lieut. governour, as 
♦'scattering," which are not entered on said scliedule, biTt 
which ought to be entered in a separate column, under the title 
of "scattering/' 

And your committee further report. That there is amono- 
said returns a list from the town of Parsonsfield, in the county 
of York, on the margin of which is written the words following 
to wit.: — " N. B. By reason of the town clerk being sick, this 
was not sealed up in meeting ;" but the committee are of opin- 
ion, that the words aforesaid are not in the hand writing of 
either of the selectmen or town clerk of Parsonsfield, and is no 
part of said return, but an interpolation thereon, and that the 
same list ought to remain on said j^chedule. " 

And your committee further report, that it does not ap- 
pear from the return or list sent from the town of Paxton, in 
the county of Worcester, when the meeting, at which said list 
was made, was holden, nor is there any date upon said paper, 
from whence it can be inferredvvhen said meeting was holden, 
your committee therefore i< port, Tkat the said list ought to be 
rejected for the uncertainty thereof ; and the}'- further report, 
that it does not appear from the return or list of the town of 
Berwick, in the county of York, when the meeting, at which 
the said list was made, was holden, and that it ought, for that 
reason, to be rejected from said schedule. 

And they further report, that there are two papers pur- 
j^orting to be lists or returns, both of which are made and re° 
turned by the same selectmen, and same town clerk, from the 
town of New- Bed ford, in the county of Bristol, and as the said 
lists contain difl'erent candidates who were voted for as governor, 
and it cannot, fiom said lists, be certainly known which is the 
true or which is the false list, the same ought, for the uncer- 
tainty aforesaid, to be rejected from said schedule. 

And your committee farther report, That there are a- 
itiong ?aid lists or returns, two papers, purporting to be returns 



^9^ 

or lists from the town of Troy, in the county of Bristol, maclfe 
and returned by two different sets of selectmen and towi\ clerks ; 
and your committee report, that the list or return made and 
returned by Jonathan Brownell, Abraham Bowen, and Elijah 
Blossom, Selectmen of Troy, and Benjamin Brightman, town 
clerk, is the return from the town of Troy, and ought to be ad- 
ded to said schedule. 

And your committee report, That when said schedule shall 

"be rectified and amended as aforesaid, the whole number of 

votes for governooir will be 73,410, and that 36,706', will be 

iiecessary to make a choice. That no person has a majority of 

votes for governour. 

That his excellency Caleb Strong, esq. who had 35,692 ; 
the honourable James Sullivan, esq. who had 36,031 ; James 
Sulvan, esq. who had 357 votes ; and the honourable William 
Heath, esq. who had 85 votes, are the four persons who had 
the highest number of votes, are the candidates for the office of 
.governour. 

And your corpmittee report, 1 hat when said schedule shall 
be rectified and amended as aforesaid, the whole number of 
votes for lieutenant governour, will then be seventy-one thou- 
sand eight hundred and seven. Necessary to make a choice — 
thirt3^-five thousand nine hundred and four. , 

That the honourable William Heath has thirty-six thou- 
sand eight hundred and eighty, for Jieutenant-governour, and 
is chosen. 

Lastly, your committee state, that they have considered 
the petitions and remonstrances from the several towns of Can- 
ton and Medfield, in the county of Norfolk ; Topsham, in the 
county of Lincoln ; Plymouth, in the county of Plymouth ; 
Alfred, in the county of York ; Barnstable, in the county of 
Barnstable; and of New-Bedford, in the county of Bristol; 
which were coinmitted to them, with the several documents 
>^'hich accompanied the same, and your cominittee report, that 
it is inexpedient for the legislature to take anyr further order 
thereon. 



1P3 
• • •*• 

IN" SENATE, June 7, n66. 



THE question, to accept the report of the committee was 
discussed; and alter an animated debate, in which the 
members of the minority did themselves immortal honour for 
the noble and spirited stand they made in defence of the con- 
stitution, and the elective franchise of the people ; the question 
to accept the report, was carried, as follows : — • 

Yeas — Messrs. Aarcyi Hill, Jonathan INIaynard, M'illiam 
Hildreth, Samuel Dana, Albert Smith, Nathan Willis, Nathan- 
iel Morton, Josiah Dean, Isaac Coffin, John Ellis, John Howe, 
James Freeman, Timothy Childs, John Woodman, Joseph 
Storer, Levi Hubbard, Daniel llsley, John Farley, George Ul- 
mer and Thomas Fillebrown — 20. 



Tuesday, June 10, 1S05. 
THE minority of the senate, on the question to accept 
the report of the joint committee, on the gubernatorial returns, 
this day offered to the senate the following protest ; whick 
they moved should be entered on the journals. 

PROTEST. 

WE, the undersigned, members of the senate of the corri'^ 
monwealth of Massachusetts, do hereby protest against the 
acceptance of the report of a joint committee, appointed to ex- 
amine the returns of votes forgovernour and lieutenant-govern- 
our of the said commonwealth, and against the proceedings of 
the senate thereon, for the following reasons : — 

Because it is provided by the constitution of this com- 
monwealth, that the returns of votes for governour and licutcn- 
ant-governour, received in open town- meeting, and sealed up 
in presence of the inhabitants, attested by the selectmen and 
town-clerks of the several towns, and transmitted to the office 
of the secretary of the commonwealth seventeen days, at least^ 
R 



1^4 
• • • • 

before the last Wednesday in May, annually, are the only evi- 
dence of the election of those officers, which the legislature is 
e'ompetent to receive or examine. Yet it appears from the re- 
port of the committee, and from the statements of one of its 
members, that they did receive and examine evidence both 
"written and oral, other than said returns, and have admitted 
such evidence in some instances to veiify and in others to in- 
validate said returns. 

Because this unconstitutional and unprecedented pro- 
ceeding of the committee, how adopted by the senate, amounts 
to a grose and flagrant violation of the rights of the people, 
and transfers from them to the legislature the election of a 
governour, although a choice has been made by the people. 

Because it was manifestly the object of the constitution 
to provide for a perfect organization of the government at th« 
earliest possible period after the commencement of the politi- 
cal year, and to prevent any suspension of the executive power 
by a vacancy in that department ; — and this wise provision has 
been hitherto effectually enforced by the uniform adherence 
of our predecessors to the rules of evidence, established by the 
constitution, from the time of its adoption. But the bold and 
dangerous innovation now attempted, tends to procrastinate 
the declaration of the choice of governour to a late and indefi;i- 
ite period of the political year, and to effect a vacancy in the 
office of chief magistrate, whenever the spirit of intrigue or 
faction shall become predominant in either branch of the le- 
gislature. If other evidence than the returns specified in the 
constitution rn ay be examined, no limits can be prescribed to 
it. If it be competent to a committee to receive testimony 
relative to the elections of towns in the vicinity of the seat of 
government, it is not less their right and their duty to scru- 
tinize the votes and proceedings of towns the most remote. 
To this power is incident the right of sending for persons, books 
•and papers. Parties must be heard ; witnesses must be confront- 
ed ; and scenes of disgraceful strife and contention will ensue 
while the executive functions are suspended, and the whole 
system of government is of consequence impeded and finally 
involved in confusion and ruin. 

Because it rejects the votes of the town of Isleborough 
for Caleb Strong, merely for the accidental omission of the let- 



195 
• • • • 

ter g ; the nartie being spelt Stron ; and it also rejects the 
votes of Davistovvn, for Caleb Strong, fur the omission of the 
letter t ; the name being spelt Srong ; whereas there being no 
person in this commonwealth known b}'^ the name of Cahh 
Stron, or Caleb Sro?ig, the presumption is irresistible, that th« 
aforesaid votes were meant and intended forhisexcellencyCaleb 
Strong, Esquire. 

Because the said votes, if disallowed to Caleb Strong, 
should have been altogether rejected— there not being in ex- 
istence any persons by the name of Stron y or Sro^ig^ who are 
eligible to the office of governour: — Yet by the sind report, the 
said votes are carried to the aggiegatij amount of voters, merely 
to increase tlie xvhole munher ; that by this lalse fAi-etonce" the 
election of the said Strong might be defeated. And by th« 
operation of this strange principle, tho said towns of I>leb()i- 
ough and Davistown, are not only deprived of their constitav 
tional right in the choice of a governour ; but tlie election of 
the said Strong, who is riglitfully chosen by a majority of the 
votes of the people, is annulled, and the right of election is by 
a forced, unnatural, and ridiculous construction, taken from 
the people, and assumed by the legislature. 

Because, if the omission of a letter in one proper name be 
admitted to vitiate a return, the same exception ought to be 
fatal to other proper names ;. but on the face of said return 
from Davistown, it is stated that the said town is in the coun- 
ty of Hacock ; (there being no such county in the common- 
wealth, and it being uncertain in what county Davistown is 
included, as is manifest from their own petition now pending 
before the legislature,) yet the same members of the senate who 
disallow, to Caleb Strong, the votes given in Davistown, for 
Caleb Srong ; refuse to reject the votes of that town altogether 
for a simihir omission in the name of the countyjthus e:^tablish- 
ing the inconsistent and arbitrary principle, that the variance 
of a letter in the name of an individual is fatal, bl^t that 
a variance of the same species in the name of a county, upon 
the face of the same document is wholly immaterial. 

Because the votes of the town of Lynn, for James Sulvan 
are disallowed to James Sullivan, Eiq. for the omission of two 
letters, //, and allowed to James Sulvan, whereas it is not even 
pretended that any person exists under that name, vrhich is a 



196 

mere artifice, intended under the appearance ofimpartialit)'-, ^o 
give colour to the rejection bfthe votes for Caleb Strong, and 
to the intended assumption of power by the legislature. For 
it appears from the returns of votes that James Sullivan, Esq. 
is n©t under any name, pretence or pvssihility, elected by the 
pf^ople; and consequently the subtraction of the votes from 
his total amount, and the addition of them to the aggregate 
amount, is equally as beneficial to said Sullivan and to the 
views of those who wouUi pronrote his election, as placing them 
exclusively to his credit — It equally increases the ivkole number 
of votes and annuls the choice of the people. 

Because, nineteen hundred and ten votes arc by the said, 
report/ra! lowed to the said James Sullivan, which contain va- 
riances from one to three letters, many of which effect a great- 
er <lifference in sound aiui orthography than exists betweea 
Sulvan ?iY)(\ Sullivan. Yet the votes ioi- James Su Ivan, are se- 
lected from these, for the purpose of making a mere nominal 
candidate %idio does r.ot exist. 

Because, in certain returns, after a list of persons voted 
for ; the wcnl scattering U written,, and this word with the 
liumbers annexed is in all instances carried out into a separate 
column to increase the aggregate number, thus to give further 
colour to the pretext that Caleb Strong has not a majority of 
all the votes : ^Vhereas it is manifest from the express letter 
of the constitution, that persons known to possess the requisite 
qualifications can alone be returned or considered as candidates 
for the office of governour and consequently that votes descrip- 
tive of no person cannot be admitted. But upon the construc- 
tionr adopted by the committee and the senate, the legislature 
may be engaged in the farce of voting, not Cor eligible candi- 
dates, but for the names of things or ideas personified ; and it 
must hajipenif the report be accepted in both branches, that 
they will actually be emploN^ed in voting for James Sulvan, at 
candidate, not known to any person to be qualified, nor believ- 
ed by any person to exist. By these means the most import- 
ant official duty will be discharged with solemn m.ockery, and 
the constitution be exhibited to the disgrace of the legislature, 
the contempt of the people, and the derision of the world. 

Because, the votes of the town of Parsonsfield, in the county 
of York., being 145, for James Sullivan, are received and a!- 



i9r 
• • • • 

lowed to him, though the return contains upon its thee, the 
following certiiicate, viz. " Bi/ reason of tlie toivn-clcrk being 
sick, the votes were not sealed up in TozLm-DIecling." As this 
defect is repugnant to the express letter of the constitution ; 
it is suggested by the report, that the said certi/icate appeal's to 
be an interpolation. But no evidence was offered to support 
such a suggestion. On the contrary o?ie of the selectmen xvho 
signed the return, and zvho is a member of t lie house of represent 
fativesj was offered to repel it and prove that the fact certified 
was true; and that the said certificate was originally made as 
it now appears ; but his evidence, the introduction of which 
would have been justified bi/ the said suggestion, was nol admit- 
ted. Thus fraud \\"a% presumed not for the purpose of invalidat- 
ing, but of supporting, a return ; and the evidence of a return- 
ing officer who was interested in proving the fraud, if any, was 
offered to disprove it, and rejected. And thus mere conjecture 
was admmitted to contradict the return, and positive proof re- 
fused to coniirm it. 

Because, by the same return from the town of Parsonsfield, 
it appears that the town-clerk was also a selectman, and that 
he, with only one other selectman, signed the return, and as 
the said town-clerk was sick, and not at the meeting when he 
sealed up the votes, it is presumable that he was not present 
at any stage of the proceedings ; hut that the meeting was held 
by one selectman only, and is therefore manifestly illegal. 

Because, the votes of the town of >{ew-Bedford are re- 
jected on the pretence of uncertainty arising from two several 
returns, certified by the same officers ; whereas one of them 
ought to !)e admitted and allowed for the following reasons : — 

First, Both said returns are made and received by the 
secretary of the commonwealth, within the time prescribed by 
the constitution ; both are conformable in all particulars to 
the requisites of that instrument, and they both agree in the 
number of votes given to Caleb Strong, which was the only 
material fact, that could affect the choice of governour, by the 
people. 

Secondly. It appeared by a letter inclosing one of said 
returns signed by the town-clerk, and addressed to the secre- 
tary of the commonwealth, that the same contained a true re- 
R2 



J9B 

• • • • 

torn, with the correction of merely a clerical error made by 
him in a former return. By taking this letter in connection 
with the return which it contained, the return itself was veri- ■ 
iied beyond all doubt. By rejecting this paper, the first re- 
turn appeared also to be genuine. But in order to make the 
returns destructive of each other, the last return was separa- 
ted from the letter which contained it, and thus that evidence 
which Xiould have removed all doubt^ was severed from the re- 
turn which it accompanied ; — and of which it made a part^ 
merely to create a doubt. 

Thirdly, The senate refused to inspect the original record 
of the town of New-Bedford, which was produced at the board, 
brought up by the town-clerk, and which would have verified 
one of said returns, and the same town-clerk would also have 
venfied, which was the return first transmitted to the secreta- 
ry's office. 

Because after rejecting the returns of Nesv- Bedford, which 
gave a majority of votes to Caleb Strong, though both certified, 
by the same of/icers, ajid not repugnant to each other in the ma- 
terial queation ; the senate have selected and allowed, a return 
from the town of Troy, ichich gave 6'8 votes exclusively, to 
James Sullivan, as governour, although there are two retvrnn' 
from said town, rejrugnant to eaeh other in all particulars, cerfi- 
Jiid by different persons and appearing on the face of them to be 
equally authentick, and one of them giving 59 votes exchsivel^ 
to Culeb Strong, and although no evidence whatever was ex- 
amined by the senate to verify either of said returns. But on. 
the contrary a motion made in senate, by one of the major- 
ity of said committee to examine the evidence on one side waS' 
withdrawn merdy because an amendment was moved, which if 
adopted would have let in evidence on the other side, and thus' 
upon mere conjecture, without a shadow or pretence of evi- 
dence or any criterion whereby to test the authenticity of 
cither of said returns ; ihe sa-me majority of the honourable 
senate, that had just rejected the returns of New-Bedford, 
which covldh'dve been verified by the record ; admitted oua 
of the returns from 'iVoy and rejected the other, though both 
were in a state which rendered it impossible to verify either. 

Because the report admits the votes of persons for gover-^ 
aour and iieutenant-governour; living in unincorporated pl»a« 



199 
• * •* 

tatibns ; which description of persons are not qualified to rote 
for those officers by the constitution. 

Because the unprecedented principles adopted by the 
committee, five of whom out of seven are the political oppo- 
nents of Caleb Strong ; were not established by them previous 
fo any scrutiny or examination of the votes ; nor until after 
ample means and opportunity had been afforded to them for 
ascertaining the result of the application of those principles — 
By which course of proceeding, strong temptations and induce- 
ments must have arisen, to confound principles with inclina- 
tions, and to establish premises with a fiew to the results. And 
whatever were the motives of the committee, which we do not 
undertake to criminate, it unfortunately happens that without 
a reliance upon all the new and exceptionable principles con- 
tained in the report, his excellency Caleb Strong, Esq. must 
have been reported to be chosen by the people, as by the pres- 
ent report he is deficient only fourteen votes, of a majority, 
which number would have been restored by the admission of< 
any one of the objections contained in this protest. Finally, 
Because we consider the acceptance of the report to be in its 
operation, a direct and palpable infringement of the constitu- 
tion ; and an open usurpation of the power of the people, cal- 
culated to prostrate the executive department^ by reducing the 
chief magistrate to a humiliating dependence upon the legisla- 
ture ; and to invest with powers paramount to the constitution, 
the accidental majorities of political sects, and entirely tO' 
wrest from the great body of the people the right of electing 
their own governour ; and for the sincerity and truth of our 
opinions we solemly appeal to the Great Searcher of hearts, 
and to the impartial judgment of our fellow-citizens and of pos- 
terity. 

John Hastings, Salem Town, Daniel Bigelow, Elijah Brig- 
ham, Thomas Hale, Ezra Starkweather, Huge JNI'Clellan, 
John Heard, Elias Hasket Derby, John Phillips, jun. H. G. 
Otis, John Phillips, George Bliss, C. Gore, Nathaniel Thurs-- 
ton, John Rowe, William Spooner, Peter C. Brooks, Eaock. 
Titcomh.— 19> 



20© 



Tlie foregoing report was sent to the house for concur- 
rence ; and, after debate, was referred, and taken into a new 
draught, as follows : 

The committee of both houses appointed to examine the 
returns of votes from the several towns, districts and planta- 
tions in this commonwealth, after revising and correcting a 
schedule herewith reported, intitled " Votes for governour and 
lieutcfiant-governoitr, 9.7 th ekctioUy 1 806," find that 

His excellency Caleb Strong, esq. has a majority of all said 
votes for governour, returned agreeably to the constitution, 
and that he is, therefore, duly elected governour of this com- 
monwealth for the year ensuing. 

They also iind, that the honourable JViUiayn Heath, esq. 
has a majority of all said votes for lieutenant-governour, re- 
turned agreeabl}^ to the constitution ; and that he is, therefore, 
duly elected lieutenant-governour of this commonwealth foiv 
the year ensuing. 



TRIBUTE OF GRATITUDE. 

THE young federalists of Boston — grateful for the pub- 
lick services of Governour Strong, and feeling a lively respect 
for his vinues as a magistrate and a man — proposed, on his ex- 
pected visit, to close his official duties, to escort him into town* 
They accordingly assembled, in a very respectable number, on 
horseback, yesterday morning, and proceeding under the di- 
rection of a committee previously appointed, met his excellen- 
cy near the entrance of VVatertown ; where, his carriage hav- 
ing halted, the committee, and marshals were introduced to his 
excellency by colonel Sumner ; — when Mr. B. F. Bourne, one 
of the marshals, addressed him to the following purports — 

Mai/ it please your Excellency^ 

IN conformity to an unanimous resolution of a numer- 
ous meeting of *' young federal republicans," of Boston, we 



201 
• • • • 

meet your excellency, in this place, with an intention of at- 
tending you into the metropolis. We, who have been honour- 
<id by their seleclion, as a committee, in cheertul compliance 
with their desire request your excellency's permission that they 
may be indulged in their intention ; that we may all add one 
other testimony of the high esteem which we entertain of your 
publick services, and of our attachment to your private char- 
acter. 

Knowing, as we do, your aversion to parade,, wc have hith- 
erto foreborne expressing our feelings toward you in this man- 
ner, and should still yield to your inclinations, but that the 
occasion is peculiar. You are visiting us in expectation of 
completing your official duties ; — of descending from the pol- 
itical elevation to which your virtues and talents have raised 
you ; — of yielding up the chief magistracy of the State, digni- 
fied by your having held it. 

We look back upon the seven years of your administration 
with the highest gratification. We are proud to number our- 
selves with a description of men who can boast so much pat- 
riotism and ability in him who holds their confidence. We 
exult in the opportunity of exemplifying what we mean by 
political integrity and moral worth, by recurring to your 
publick and private life. 

Your labours have been indeed great — the publick return 
ungrateful — but our thanks we gladly give you — yet a higher 
reward, the recompence of great minds and pure hearts awaits 
you — the dignified consolation of having done your duty. 

To which his excellency replied : — 

Genthwen, 

I thank you for this affectionate address, and request you 
to assure the gentlemen, for whom yon act, that their express- 
ions of regard have excited in me the most lively sensibility. 

When I first engaged in the office which I am now about 
to quit, though a stranger to most of the citizens of Boston, 
they received me wi'h the kindest attention, and have uniform- 
ly given me unquestionable proofs of their friendship ; — their 
approbation. has constantly been a highly valued part of the 



20« 

reward of my services. I hope the prosperity of the town wilF 
be durably progressive ; and that the young men will at all 
time^ emulate the virtues of their fathers. 

I shall qu-t my publick office with more satisfaction than 
I experienced when liirst undertook it ; — and shall endeavour 
to exemplify in private life, that respect for the institutions oS 
our country, and that obedience to the laws, which arc essen- 
U%1 to tke character of a good citizen. 



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NDERY INC. 

ffl^ N, MANCHESTER, 



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